Corporate Policies

Zarraffa’s Management Pty Ltd (ACN 093 874 189)

(“Zarraffa’s”)

Effective From 28/09/2026

1. DEFINITIONS

1.1 ACL means the Australian Consumer Law set out at Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time;

1.2 App means the “Zarraffa’s App” or “Zarraffa’s Coffee” mobile application that is developed, operated or otherwise provided by Zarraffa’s;

1.3 Associated Parties means Zarraffa’s and its Related Bodies Corporate and their respective officers, employees, agents, consultants, licensors, partners and affiliates;

1.4 Goods means any goods, products, food, beverages, merchandise or other items purchased from Zarraffa’s, including through the Platform or from a Zarraffa’s Coffee Store;

1.5 Personal Information has the meaning given to that term in the Privacy Act, being any information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not;

1.6 Platform means the App and/or the Website (as the context requires);

1.7 Privacy Act means the Privacy Act 1988 (Cth);

1.8 Privacy Policy means the privacy policy located at www.zarraffas.com/privacy-policy;

1.9 Related Body Corporate has the meaning given to that term in section 50 of the Corporations Act 2001 (Cth);

1.10 Terms means these Platform Terms of Use;

1.11 You and your means a person, company or group using or accessing the Website and/or the App (as applicable);

1.12 Website means the following:

(a) www.zarraffas.com;

(b) www.zarraffasroastery.com;

(c) any websites with a sub-domain of zarraffas.com; and

(d) associated platforms.

1.13 Zarraffa’s Coffee means the collective group of independently owned and operated retail coffee outlets operating under the brand Zarraffa’s Coffee®, either as an authorised franchisee or as a corporately owned store of Zarraffa’s Franchising Pty Ltd ACN 093 874 250 (or its Associated Parties);

1.14 Zarraffa’s Coffee Store means the Zarraffa’s Coffee store at which the Goods were purchased;

1.15 Zarraffa’s, we, us, and our means Zarraffa’s Management Pty Ltd ACN 093 874 189; and

1.16 Zarraffa’s Group means Zarraffa’s and its Related Bodies Corporate.

2. ACCEPTANCE

2.1 These Terms apply to and govern your access to, and use of, the Platform. The Terms apply to all users of the Platform.

2.2 Please read these Terms carefully before accessing or using the Platform. If you do not agree to these Terms, then you must cease accessing the Platform. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

2.3 By accessing and/or using the Platform, including by downloading or otherwise installing the App, you agree to comply with and be bound by these Terms. These Terms constitute a binding agreement between you and Zarraffa’s and govern your use of the Platform. Your access to the Platform is conditional upon your acceptance of and compliance with these Terms.

2.4 As part of these Terms, your use of the Platform is also subject to the Privacy Policy and any other notices, guidelines and rules published on the Platform from time to time. These documents are incorporated by reference into these Terms.

2.5 A reference to a “user” or “you” means you as an individual or the company or other legal entity on behalf of which you are accessing the Platform and accepting these Terms. Where you are accepting these Terms on behalf of a company or other legal entity on behalf of which you are accessing the Platform, you represent that you are authorised by that company or other legal entity to accept these Terms on its behalf.

2.6 By agreeing to these Terms, you represent that you are 18 years of age or older (and that you are the age of majority in your country, state or province of residence in which you reside).

2.7  Other services offered by Zarraffa’s or its Related Bodies Corporate may have specific terms and conditions which apply in addition to these Terms. For example, your access to the Zarraffa’s Z Card® section of the Website or the App is not entirely covered by these Terms. To view the full terms and conditions of the Zarraffa’s Z Card® program, click here. Similarly, these Terms do not cover use of the Zarraffa’s Gift Cards. To view the full terms of use for Zarraffa’s Gift Cards, click here.

3. CHANGES TO TERMS AND PLATFORM AVAILABILITY

3.1 You can review the most current version of the Terms at any time on this page.

3.2 We reserve the right to, at our discretion:

(a) suspend, remove, cancel or delete the Platform (or any part of it) at any time for indefinite periods of time, without notice to you; and/or

(b) update, change, replace or amend these Terms (including any notice, guideline, rule or policy incorporated in these Terms by reference) from time to time for legitimate business, legal or security reasons without notice to you (subject to clause 3.3). Any such changes will, unless otherwise noted, be effective immediately.

3.3 Where, in our reasonable opinion, the update, change or amendment to the Terms is material, we will provide reasonable prior notice of no less than 14 days before the updated Terms take effect.

3.4 Your continued use of the Platform after the effective date of the amended Terms will constitute your acceptance of those changes. If you do not agree with the amended Terms, you must cease using the Platform.

3.5 It is your responsibility to check our Platform periodically to keep up-to-date with any updates, changes, replacements or amendments to these Terms.

3.6 No specified update or refresh date stated on the Platform should be taken to indicate that all information on the Platform has been modified or updated.

4. TERMINATION

4.1 These Terms are effective unless and until terminated by us.

4.2 We may terminate these Terms at any time by notifying you, including by:

(a) publishing a notice of termination on the Platform; or

(b) discontinuing the availability of the Platform or your access to it.

4.3 We may terminate these Terms at any time where reasonably necessary, including where immediate action is required for legal, security or operational reasons.

4.4 We may terminate your access to all or any part of the Platform at any time at our discretion without notice.

4.5 In the event of termination, all restrictions imposed on you by these Terms and/or disclaimers and limitations of liability set out in these Terms will survive.

5. USE AND RESPONSIBILITY

5.1 You must use the Platform in a responsible and lawful manner.

5.2 Without limiting any other obligations under these Terms, your use of the Platform is subject to the rules set out in Schedule 1 of these Terms.

5.3 Zarraffa’s may remove any post you make on the Platform if, in Zarraffa’s reasonable opinion, the post is unacceptable.

5.4 Unless agreed or specified otherwise (for example, in Zarraffa’s Privacy Policy), any content you upload to the Platform will be considered non-confidential and non-proprietary. You agree that Zarraffa’s may use, copy and distribute any content you upload to the Platform, or any information associated with your use of the Platform, for any purpose including disclosing to third parties. Unless expressly agreed otherwise, Zarraffa’s is under no obligation to maintain your content in confidence, compensate you for any content submitted or respond to any of your comments.

5.5 By contributing any material to the Platform, you:

(a) warrant that the material does not carry any harmful or malicious code;

(b) warrant that the material is not unlawful, indecent, obscene, threatening, discriminatory, harassing, defamatory, offensive, objectionable or derogatory towards any individual, group, organisation or class of persons;

(c) warrant that the material does not infringe upon the rights of any third party, encompassing privacy rights, intellectual property rights and contractual rights;

(d) warrant that the material is your original creation or you otherwise have the right to provide it;

(e) grant Zarraffa’s a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit Zarraffa’s to authorise any other person to do the same thing; and

(f) consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you warrant that the third party has also consented in the same manner.

You are responsible for ensuring that your devices, software and systems are adequately protected from viruses or other harmful components that may be encountered through your use of the Platform.

Linking to the Platform

5.6 You must not create any hyperlink to the Platform or embed any page of the Platform on another website or application, without our prior written consent. If you wish to request permission to create a hyperlink, please contact us at admin@zarraffas.com. If you create a hyperlink to, or embed any page of, the Platform without our approval, you do so at your own risk and are responsible for any losses, costs or damage we may suffer as a result of that unauthorised conduct.

5.7 Without limiting clause 5.6, you:

(a) may only link to the Platform in a way that is fair and legal and does not damage Zarraffa’s reputation or take advantage of it;

(b) must not establish a link in such a way as to suggest any form of association, approval or endorsement on Zarraffa’s part where none exists; and

(c) must not establish a link to the Platform in any website or application that is not owned by you.

5.8 If you wish to make any use of content on the Platform other than that set out above, please contact admin@zarraffas.com.

Access and use of the App

5.9 To use the App, you must download the App onto your smartphone. Additional terms and conditions may apply to your download of the App that are not set or otherwise determined by Zarraffa’s, and you are responsible for reviewing and complying with any such terms and conditions.

5.10 The App is only available on smartphones using an Android or iOS operating system. The minimum system requirements for the App are iOS 18.0 or later (for Apple devices) and Android 12 (API level 31) (for Android devices).

5.11 We may release new versions of the App from time to time. You are responsible for installing updates as and when required. Older versions of the App may not function properly or may cease to operate at all.

5.12 The App requires mobile internet connectivity to function properly and will consume data from your mobile device. You are responsible for any data charges that you may incur in using the Platform.

5.13 Apple Inc and Google are not sponsors of, and are not affiliated with, the App, or any promotions conducted in connection with the App.

6. USER ACCOUNT

6.1 Our Platform may offer the option to create an account (User Account). This clause 6 applies if you create (or otherwise attempt to create) a User Account.

6.2 You can only provide Personal Information or create a User Account if you are an Australian resident aged 18 years or over.

6.3 By creating a User Account, you agree to be bound by these Terms and represent that you are 18 years of age or older.

6.4 We reserve the right to suspend your User Account where we reasonably suspect that your age has been misrepresented, until such time as sufficient evidence is provided to substantiate your age.

Creation of your User Account

6.5 When creating a User Account, you must provide correct, accurate and up-to-date information. If your details change over time, you must promptly update your information held with us.

6.6 To the maximum extent permitted by law, we are not responsible for any loss or damage (including misdirected emails) which may arise from your failure to provide current, accurate and complete registration details or to keep your contact information up to date.

6.7 We handle all Personal Information in accordance with our Privacy Policy.

6.8 As part of the User Account registration process, we may:

(a) verify your mobile number by sending you a verification text message (SMS); and/or

(b) verify your email address by sending you a verification email.

If we do so, you will need to verify your mobile number and/or email before continuing with the User Account registration process.

Maintenance and Use of your User Account

6.9 You are only able to register and maintain one (1) User Account, which must be registered in your own name using accurate and up‑to‑date Personal Information.

6.10 You must not use any User Account other than your own.

6.11 We may, acting reasonably, refuse User Account registration requests at our discretion, including where you have previously been suspended or banned from the Platform.

6.12 Without limiting clause 6.11, we reserve the right to refuse requests to create a User Account that:

(a) are the same as, or substantially similar to, existing accounts;

(b) contain words that are inappropriate, offensive, obscene, abusive, defamatory or unlawful;

(c) contain anything that infringes on any person’s intellectual property rights;

(d) contain words promoting political, religious, social, or economic issues; or

(e) use the name of another person.

6.13 You must keep your User Account details confidential. You are responsible for:

(a) any activity carried out on your User Account;

(b) keeping your User Account details, login information and password secure and confidential; and

(c) ensuring that only you use your User Account.

6.14 We are entitled to assume that any access to, or any activity carried out on, your User Account from any device using your login details is undertaken by you. We are not responsible for any unauthorised activity on your User Account arising from a failure to comply with this clause 6.

6.15 You must immediately notify us upon becoming aware of any unauthorised access or use of your User Account, password or any other security breach by emailing admin@zarraffas.com.

Communications

6.16 We may communicate with you electronically via SMS, in-App messages, push notifications and/or email. You consent to receive communications from us in this way. You may opt-out of receiving marketing communications by contacting us at privacy@zarraffas.com or by using the unsubscribe function in the marketing communication. You acknowledge that opting-out of SMS, in-App messages, push notifications and/or emails may impact your ability to use the Platform and our ability to contact you.

6.17 We may send communications that are necessary for the operation of the Platform, including service-related messages such as order confirmations and status updates. These communications are not considered “marketing communications” capable of being opted out of. If you no longer wish to receive any communications via in-App messages and push notifications, you must delete the App from your device.

Promotional Activity

6.18 From time to time, we may, at our discretion, offer:

(a) sign-up offers to new User Account holders;

(b) promotions to holders of User Accounts;

(c) offers, promotions and competitions open to persons not limited to those who hold User Accounts; and/or

(d) special services, benefits, points, gifts, or other perks,

(Offers).

6.19 These Offers will be subject to terms and conditions in addition to these Terms. We reserve the right to determine all terms and conditions of any such Offer at our absolute discretion, including but not limited to:

(a) whether an Offer is given, and to whom;

(b) the nature of the Offer;

(c) the value of the Offer;

(d) how we may provide an Offer;

(e) which User Accounts or other category of persons are eligible to receive an Offer;

(f) the timeframe within which an Offer must be redeemed or claimed; and

(g) whether the Offer can or cannot be redeemed in conjunction with any other promotion or membership offered by Zarraffa's or its Related Bodies Corporate.

6.20 To redeem any Offer, you must follow the instructions we give you. Any extra costs incurred in redeeming an Offer are your responsibility. We are not responsible if you are not able to redeem an Offer due to circumstances beyond our reasonable control. An Offer may only be used once unless expressly stated otherwise.

6.21 Offers are not exchangeable and are not redeemable for cash.

6.22 If we reasonably believe you are using any automated software or other mechanical or electronic automated software in connection with your User Account, to redeem Offers, or to take advantage of promotions, we can suspend or terminate your User Account and/or your access to the Platform immediately without notice.

Suspension, Termination or Deletion of your User Account

6.23 We reserve the right to suspend or terminate your User Account and deny you access to the Platform where:

(a) eligibility requirements set out in these Terms are not met;

(b) you fail to comply with these Terms;

(c) fraudulent or unlawful activity is reasonably suspected in connection with your User Account or your use of the Platform;

(d) we (acting reasonably) suspect misuse of your User Account or the Platform; or

(e) such action is reasonably necessary to protect the Platform, other users, or our legal, business or security interests.

6.24 We will notify you of any termination (including by denying access to your User Account or the Platform) unless we are required to act promptly due to legal, security, or operational urgency. We may refer unlawful, fraudulent or abusive activity to the relevant authorities or enforcement agencies.

6.25 If we terminate your User Account, you must:

(a) immediately cease use of the Platform; and

(b) uninstall, delete or otherwise remove the App from all devices in your possession or control.

6.26 You may request deletion of your User Account through the Platform (if available) or by contacting us via https://zarraffas.com/contact-us. User Account deletion will deactivate your User Account and may result in your Personal Information being removed or de‑identified, subject to any legal and regulatory retention requirements. We do not control, and make no warranty regarding, the removal or de‑identification of Personal Information that may have been obtained by third parties through your use of the Platform. Deletion of your User Account does not limit our ability to retain your information as required or authorised by law.

7. REFUNDS

7.1 Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the ACL, including any consumer guarantees that apply to Goods supplied by a Zarraffa’s Coffee Store. To the extent of any inconsistency between these Terms and the ACL, the ACL will prevail.

7.2 If Goods purchased from a Zarraffa’s Coffee Store are faulty, defective, not of acceptable quality, not fit for their disclosed purpose, or otherwise fail to comply with a consumer guarantee under the ACL, you may be entitled to a remedy from the relevant Zarraffa’s Coffee Store that supplied the Goods. The remedy available will depend on the nature of the issue and whether the failure is a minor failure or a major failure.

7.3 Your entitlement to a refund, replacement, repair or other remedy is not subject to a fixed time limit. Whether you are entitled to a remedy will depend on the ACL and the circumstances of the relevant purchase. For food and beverage items, you should notify us as soon as reasonably possible after becoming aware of the issue.

7.4 To request a refund, replacement, remake, repair or other remedy, you must return the Goods, or provide reasonable evidence of the issue, to the Zarraffa’s Coffee Store from which the Goods were purchased. The relevant Zarraffa’s Coffee Store may ask you to provide reasonable proof of purchase, such as a receipt, tax invoice, order confirmation, transaction record or other evidence reasonably acceptable to it.

7.5 For a minor failure, the relevant Zarraffa’s Coffee Store may choose the appropriate remedy and may:

(a) provide an immediate replacement or remake of the Goods; or

(b) repair the Goods or fix the issue within a reasonable time.

7.6 For a major failure, you are entitled to reject the Goods and choose to:

(a) receive a full refund of the purchase price of the Goods from the relevant Zarraffa’s Coffee Store; or

(b) receive a gift card or store credit from the relevant Zarraffa’s Coffee Store, where available and only in the event that you elect to choose this instead of a refund.

7.7 Where a refund relates to a transaction involving promotional credits, discounts, or in-app balances, any such credits may be cancelled or adjusted in accordance with their applicable terms and conditions, such as these Terms. Any cancellation, reversal or adjustment will be limited to the promotional credits, discounts or balances directly attributable to the refunded transaction.

7.8 A Zarraffa’s Coffee Store is not required to provide a refund, replacement, remake, repair or other remedy where the issue is caused by misuse, abnormal use, failure to follow reasonable instructions, change of mind, or circumstances where the ACL does not require us or the Zarraffa’s Coffee Store to provide a remedy.

7.9 Where a remedy request relates to Goods supplied by a third-party supplier or manufacturer, the relevant Zarraffa's Coffee Store may refer the request to that supplier or manufacturer for assessment.

7.10 Unless otherwise stated, refunds, replacements, remakes, repairs and other remedies referred to in this clause 7 are provided by the Zarraffa’s Coffee Store that supplied the relevant Goods. Zarraffa’s and Zarraffa’s Group are not responsible for providing refunds or other remedies in respect of those Goods, except to the extent required by law.

7.11 This clause applies in addition to, and does not limit, any other rights you may have under the ACL.

8. INTELLECTUAL PROPERTY NOTICE

8.1 All content included on the Platform including, but not limited to, text, design, graphics, photographs, logos, button icons, images, data, audio clips, video files, digital downloads, data compilations and software (including all software and systems owned or used by Zarraffa’s in connection with the Platform, whether hosted on the same server as the Platform or otherwise) - and the selection and arrangement thereof - is owned by or licensed from Intellectual Plus Pty Ltd ACN 079 280 836 (Intellectual Plus) or its suppliers and is protected by Australian and international copyright laws. The compilation of all content on the Platform (including any survey conducted on the Website) is the exclusive property of Intellectual Plus and is protected by Australian and international copyright laws. All such rights are reserved. All software used on the Platform is owned by the Zarraffa’s Group or its suppliers and protected by Australian and international copyright laws.

8.2 All graphics, logos, page headers, button icons, scripts, and service names displayed on the Platform are exclusively the service marks, trade marks or registered trade marks of Intellectual Plus in Australia and/or other countries (Zarraffa’s Trade Marks). Zarraffa’s Trade Marks may not be used in connection with any product or service that is not provided by Zarraffa’s, or in any manner that may or is likely to cause confusion, or that disparages or discredits Zarraffa’s. All other trade marks appearing on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zarraffa’s.

8.3 Intellectual Plus does not grant you a licence or permit you to use any of the Platform content, registered or unregistered trade marks, or logos that are displayed on the Platform. You must not copy, reproduce, modify, decompile, reverse engineer, republish, frame, distribute, transmit, publish, upload to a third party, post, enter into a database, display, link, perform, modify, create derivative works from, or otherwise transmit or exploit any content of the Platform (in whole or in part).

8.4 You may view and use the Platform and its contents using your web browser or mobile phone application for your personal, non-commercial use only, provided that you do not remove or modify any copyright, trade mark or other proprietary notices. If you print off, copy or download any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at Zarraffa’s option, return or destroy any copies of the materials you have made.

8.5 Zarraffa’s status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.

Copyright claims

8.6 If you believe that the Platform contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on the Platform to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

9. BREACH OF THESE TERMS

9.1 Without limiting these Terms or any other remedies available to us at law or in equity, we (acting reasonably) reserve the right to (without notice) temporarily or indefinitely suspend or terminate (at our discretion):

(a) your User Account (if any); and/or

(b) your use of or access to the Platform,

and/or refuse to provide goods or services to you if:

(c) you breach any provision of these Terms;

(d) Zarraffa’s believes (acting reasonably) that your actions may cause damage and/or legal liability to Zarraffa’s, any of its customers or suppliers or any other person; or

(e) Zarraffa’s, acting reasonably, considers that taking such action is reasonably necessary to protect the Platform, other users, or our legal, business or security interests, including where there is suspected unlawful or improper use of the Platform.

9.2 We will notify you of any such suspension or termination (including by denying access to your User Account or the Platform) where reasonably practicable, unless immediate action is required due to legal, security or operational urgency. We may refer unlawful, fraudulent or abusive activity to the relevant authorities or enforcement agencies.

10. ONLINE PAYMENT FACILITIES

10.1 All online payment facilities and payment gateways made available through the Platform are processed by third party payment providers and are subject to the applicable third party terms and conditions of those providers. To the maximum extent permitted by law, we are not liable for any loss arising from the use or performance of any third party payment provider or payment gateway.

11. ADVERTISING, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITES

11.1 The Platform may contain content relating to third parties (including information, products, services, advertisements or comments), links to other platforms, or hyperlinks and other pointers to integrated third party services, internet webpages, social media platforms, forums, applications or other web portals operated by third parties (Third Party Content).

11.2 We do not control the Third Party Content and are not responsible for the contents of any Third Party Content.

11.3 The Third Party Content is provided solely for your convenience and its provision does not indicate, expressly or impliedly, any endorsement or recommendation by us of the website, information, content or the products or services provided in the Third Party Content. The Zarraffa’s Group does not endorse and is not responsible for any representations, opinions, advice, statements, goods, services, offers, or other information or content associated with the Third Party Content. Any views expressed by other users on the Platform or third party platforms do not represent the Zarraffa’s Group’s views or values. We are not responsible for the accuracy, suitability or quality of Third Party Content. The Zarraffa’s Group makes no representations or warranties in relation to (and does not assume any responsibility or liability for) Third Party Content (including the actions, resources, products, services and content of any other third parties, or any harm related to the purchase or use of third party products or services or any other transactions made in connection with Third Party Content).

11.4 Your use of any link to any such Third Party Content is entirely at your own risk. You should contact the relevant third party directly to enquire about the products, services or information provided, and carefully review the third party’s policies and practices (including any applicable privacy statements and other conditions of use of any Third Party Content) before you engage in any transactions. The Zarraffa’s Group will not be liable for any loss or damage that may arise from your use of, or reliance on, Third Party Content, and we do not endorse any third party suppliers or the owners or operators of those third party services.

11.5 Any dealings you have with third parties are solely between you and the relevant third party provider and any complaints, claims, concerns or questions regarding third party products should be directed to the third party.

12. NO RELIANCE ON INFORMATION

12.1 The Platform is provided strictly on an "as is" and “as available” basis for your personal and general information only. To the maximum extent permitted by law, the Zarraffa’s Group and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee (express or implied) as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Platform or any of its content, and in particular do not represent, warrant or guarantee that:

(a) the functions contained in any material on the Platform or your access to the Platform will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software, system or data;

(b) the Platform will meet your requirements or expectations;

(c) your access to the Platform will be uninterrupted, timely, secure or error‑free;

(d) the quality of any information or other material purchased or obtained through the Platform will meet any particular requirements or expectations;

(e) any errors or defects will be corrected;

(f) the Platform or the servers that make it available are free of viruses or other harmful components. You must take your own precautions to ensure that your hardware and software is free of viruses and that any content downloaded from the Platform is free from viruses and other unwanted applications (such as ‘worms’ or ‘trojan horses’) that may interfere with or damage the operation of your computer systems. You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform; or

(g) anything on the Platform, or on any third-party website referred or linked to in the Platform, is reliable, accurate, timely, complete, up-to-date or free from unauthorised access.

12.2 You acknowledge that the Platform may contain errors or be subject to interruptions, delays or security limitations, and agree that such matters do not constitute a breach of these Terms.

12.3 All information contained on the Platform, including information relating to third parties, has been prepared for the convenience of its users and is for general information purposes only. You should not rely on information on the Platform as a substitute for professional advice.

12.4 We do not undertake to update, amend or correct any information on the Platform, including pricing or availability information, except where required by law. No specified update or refresh date stated on the Platform should be taken to indicate that all information on the Platform has been modified or updated.

13. DISCLAIMER

13.1 Some legislation such as the ACL and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us (or a Zarraffa’s Coffee Store) via the Platform which cannot be excluded, restricted or modified (Statutory Rights). We exclude all conditions, warranties and/or guarantees implied by custom, law or statute to the extent permitted by law, save for your Statutory Rights.

13.2 Save for your Statutory Rights, in respect of the Platform:

(a) the Platform is provided strictly on an "as is" and “as available” basis for your personal and general information only;

(b) to the maximum extent permitted by law and the statutory consumer guarantees as provided in Chapter 3, Part 3.2 of the ACL, we do not give an express warranty of any kind in relation to any goods and/or services supplied via the Platform;

(c) all material on the Platform is provided to you without warranties or guarantees of any kind, either express or implied;

(d) you are responsible for (and must bear the costs of) verifying all relevant information contained on the Platform; and

(e) you agree that your use of the Platform is at your own discretion and risk.

13.3 To the maximum extent permitted by law, the Zarraffa’s Group and its Associated Parties expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Zarraffa’s (or the Zarraffa’s Coffee Store’s) sole discretion, as the case may be):

(a) in the case of goods, to any of the following:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

14. INDEMNITIES

14.1 To the maximum extent permitted by law:

(a) you indemnify and hold harmless the Zarraffa’s Group and its Associated Parties from and against any actions, claims, suits, demands, damages, liabilities, costs, expenses, or losses (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, direct, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill, and including all legal fees on a solicitor-client basis); and

(b) the Zarraffa’s Group and its Associated Parties exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, direct, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill),

in each case arising due to, out of (directly or indirectly), or in connection with:

(a) your use (or misuse) of, or connection to, the Platform or any Third Party Content;

(b) your breach of these Terms;

(c) any material or information that you submit, post, transmit or otherwise make available through the Platform;

(d) your negligence, misconduct, or breach of any law or the rights of any person;

(e) the use of, or inability to use, the Platform by you or any other person;

(f) access to, or an inability to access, the Platform by you or any other person;

(g) your use of, or reliance on, any content displayed on or linked from the Platform; or

(h) any security failure, viruses or other technical issues affecting the Platform.

14.2 To the extent permitted by law, the Zarraffa’s Group and its Associated Parties expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Platform (including any content on it or linked from it, including Third Party Content), including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement. You expressly acknowledge that we do not exert control over the internet, the application store or the hardware functionality.

14.3 To the extent permitted by law, you agree to release the Zarraffa's Group and its Associated Parties from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of the Platform by you or any other person, except to the extent that the claim, demand or cause of action arises from or is contributed to by:

(a) the negligence, fraud, wilful misconduct or breach of these Terms by the Zarraffa's Group or Associated Parties; or

(b) any right or remedy you have that cannot lawfully be excluded, restricted or modified, including under the ACL.

Subject to the exceptions outlined at this clause, the Zarraffa's Group may plead this release as a bar and complete defence to any claims or proceedings.

14.4 To the maximum extent permitted by law, and without limiting any other provision of these Terms, Zarraffa’s excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of Zarraffa’s, and Zarraffa’s shall be entitled to a reasonable extension of time for the performance of such obligations.

14.5 If there is any inconsistency between these Terms and any policy referenced, these Terms prevail, subject to the ACL.

15. PRIVACY

15.1 We are bound by the Australian Privacy Principles outlined in the Privacy Act.

15.2 Zarraffa’s collects, uses and handles Personal Information in accordance with applicable privacy laws and our Privacy Policy.

15.3 These Terms should be read in conjunction with the Privacy Policy, which sets out further details regarding how Personal Information is collected, used, disclosed and managed. To access our Privacy Policy, click here.

15.4 By accessing or using the Platform, you are taken to have given consent to the Privacy Policy which contains information, amongst other things, about how your Personal Information (if any) is handled and how you may access Personal Information that is held by us about you and seek correction or the removal of such information. We may from time to time (in accordance with our Privacy Policy) disclose your Personal Information to related entities and third party service providers in Australia and New Zealand.

15.5 If you have any concerns or questions regarding your privacy on the Platform, please contact us by telephone on 07 5500 0800 or send any questions or queries via our email address: privacy@zarraffas.com.

16. MISCELLANEOUS

16.1 Interpretation: In these Terms, the following rules of interpretation apply:

(a) headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;

(b) these Terms may not be construed adversely against Zarraffa’s solely because Zarraffa’s prepared them;

(c) the singular includes the plural and vice versa;

(d) monetary or transaction amounts are expressed in Australian dollars, being the lawful currency of the Commonwealth of Australia;

(e) a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

(f) the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

16.2 Indemnity: We rely upon your continued observance of these Terms. In the event that we suffer loss or damage or incur any costs associated with any breach of these Terms or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

16.3 Jurisdiction: These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Queensland and courts of appeal from them for determining any dispute concerning these Terms.

16.4 Access to information: We do not make any claims that the information contained on the Platform is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained on the Platform may not be legal by certain persons or in certain countries. If you access the Platform, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

16.5 Severability: The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall continue in full force and effect.

16.6 All rights reserved: We reserve all rights not expressly granted to us under these Terms.

16.7 No waiver: Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Zarraffa’s to act with respect to a breach by you or others does not waive Zarraffa’s right to act with respect to that breach or any subsequent or similar breaches.

16.8 Notification: Zarraffa’s may provide any notification for the purposes of these Terms by email or by publishing any such notification on the Platform. You agree that all agreements, notices, disclosures and other communications that Zarraffa’s provides to you electronically satisfy any legal requirement that such communications be in writing. Except to the extent expressly provided otherwise in these Terms, Zarraffa’s may update the Platform and change its content at any time without notice to you.

16.9 Costs: Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.

16.10 Assignment: You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without Zarraffa’s prior written consent. Zarraffa’s may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.

16.11 Variation: You may only vary or amend these Terms by written agreement with Zarraffa’s.

16.12 Survival: All provisions of these Terms which by their nature should survive termination, survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability. On termination, the accrued rights or remedies of a party are not affected.

Effective to 28/09/2026

1.Terms of Use

App means the “Zarraffa’s App” or “Zarraffa’s Coffee” mobile application that is developed, operated or otherwise provided by Zarraffa’s;

Platform means the App and/or the Website;

Privacy Policy means the privacy policy found at www.zarraffas.com/privacy-policy;

Terms means these terms and conditions;

You, and your means a person, company or group using or accessing the Website and/or the App;

Website means the following:

(a) www.zarraffas.com;

(b) www.zarraffasroastery.com;

(c) any websites with a sub-domain of zarraffas.com; and

(d) associated platforms; and

Zarraffa’s, we, us, and our means Zarraffa’s Management Pty Ltd CAN 093 874 189.

2. GENERAL

These Terms apply to and govern your use of the Platform.

Your access to the Platform is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on the Platform. By using the Platform (including by downloading or otherwise installing the App), you agree to these Terms. If you do not agree with these Terms, you should not use the Website or the App.

We reserve the right to amend these Terms at any time without notice.

Other services offered by Zarraffa’s or its affiliates may have specific terms and conditions which apply in addition to these terms. For example, your access to the Zarraffa’s Z Card® section of the Website or the App is not in entirely covered by these Terms. To view the full terms and conditions of the Zarraffa’s Z Card® program, click here. Similarly, these Terms do not cover use of the Zarraffa’s Gift Cards. To view the full terms of use for Zarraffa’s Gift Cards, click here.

3. Use and Responsibility

You must use the Platform in a responsible manner. You must not:

(a) use the Platform for any activities or post or transmit via the Platform, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;

(b) use the Platform to post or transmit content which infringes any copyright, trade mark, patent or other intellectual property right or any moral right or to cause the unlawful distribution of copyrighted content or illegal content;

(c) in any way tamper, hinder or modify the Platform;

(d) knowingly transmit any viruses or other disabling features to the Platform or via the Platform; or

(e) attempt any of the above acts or facilitate or assist another person to do any of the above acts.

To use the App, you must download the App onto your smartphone. Additional terms and conditions may apply to your download of the App that are not set or otherwise determined by Zarraffa’s.

The App is only available on smartphones using an Android or iOS operating system. The minimum system requirements for the App are iOS 14.0 (for Apple devices) and Android 6.0 (for Android devices).

We may release new versions of the App from time to time. Please keep the App updated to the most current version at all times. Older versions of the App may not function properly, or at all.

The App requires mobile internet connectivity to function properly. It will consume data from your mobile device. You are responsible for any data charges that you may incur in using the App.

Apple Inc and Google are not sponsors of or in any way involved with the App, including any promotional activity.

3. USER ACCOUNt

Our Platform may offer the option to create an account (‘User Account’). You can only provide personal information or create a User Account if you are an Australian resident aged 16 years or over. If you are under 18 years, your parent’s or guardian’s consent is required. Once you use the Platform, you are bound by these Terms, and your parent or guardian who provided their consent (if applicable) for your User Account will also be bound.

This section 4 applies if you create (or otherwise attempt to create) a User Account.

When creating a User Account, you must provide correct, accurate and up-to-date information. If your details change over time, you must update your information. We are not responsible for any loss or damage (including misdirected emails) which may arise from your failure to provide current, accurate and complete registration details or to keep your details up to date. We will handle all personal information in accordance with our Privacy Policy.

As part of the User Account registration process, we may verify your mobile number by sending you a verification text message (SMS). You will need to verify your mobile number before continuing with the User Account registration process.

You are only able to register and maintain one (1) User Account and the User Account must be in your own name. You must not use another member's account. We can refuse membership and User Account registration requests. This includes where you have previously been banned from the Platform. We reserve the right to refuse requests to create an account that:

(a) are the same as or similar to existing accounts;

(b) are inappropriate, offensive, obscene, abusive, defamatory or illegal;

(c) infringes intellectual property;

(d) contain words promoting political, religious, social, or economic issues; or

(e) use the name of another person.

You must keep your User Account details confidential.

You are responsible for:

(a) any activity on your User Account;

(b) your password being kept a secret;

(c) keeping your login information secure, so that it is not easily guessed or deciphered;

(d) ensuring you are the only person that uses your User Account

Zarraffa’s is entitled to assume that the person who logs in to your User Account with the correct password is you, and we are not responsible for any unauthorised activity on your User Account. You must immediately notify us of any unauthorised use of your User Account or password or any other security breach via email to admin@zarraffas.com.

We may communicate with you electronically via SMS, in-App messages, push notifications or email. You consent to receive communications from us in this way. You can opt-out of receiving marketing communications by contacting us at privacy@zarraffas.com or by using the unsubscribe function in the marketing communication. You acknowledge that opting-out of SMS, in-App messages, push notifications or email may impact your use of the Platform and that we may not be able to contact you.

New User Accounts may receive a sign-up offer through the App once they have registered their information. The value of the sign-up offer and the timeframe to claim it may change at Zarraffa’s sole discretion.

We may offer promotions to holders of User Accounts which are subject to additional terms as well as these Terms. We may also run other promotions and competitions outside of the User Accounts. Such promotions and competitions are run in accordance with their own terms. We also might offer special services, benefits, points, gifts, or other perks to holders of User Accounts (‘Offer’). We reserve the right to determine the following at our absolute discretion:

(a) the nature of the Offer;

(b) how we may provide an Offer;

(c) which User Account will obtain a benefit of an Offer;

(d) the timeframe within which to redeem an Offer; and

(e) whether the Offer can or cannot be redeemed with any other promotion or membership offered by Zarraffa's.

To redeem any Offer, you have to follow the instructions we give you. Any extra costs that come up when you are redeeming an Offer will be borne by you. We are not responsible if you are not able to redeem an Offer for any reason whatsoever. You are not allowed to use the Offer more than once.

Offers are not exchangeable and are not redeemable for cash.

If we believe you are using any automated software or other mechanical or electronic automated software in relation to the User Account and/or to redeem Offers, or to take advantage of other promotions, we can suspend or terminate your User Account and/or your access to the Platform.

In the event of non-compliance with these Terms, or if there is suspicion of fraudulent activity linked to your User Account, or the Platform, we reserve the right to terminate your User Account and restrict your access to the Platform. This means you will not be able to use our Platform anymore. We will let you know if we have to do this unless we need to act promptly to keep our Platform safe or if there is any other urgency involved. We may refer unlawful, fraudulent or abusive activity to the relevant authorities or enforcement agencies.

If we terminate your User Account, you must:

(a) stop your use of the Platform; and

(b) uninstall, delete or otherwise remove the App from all devices in your possession or control.

5. Intellectual Property Notice

All content included on the Platform including, but not limited to text, design, graphics, photographs, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of or licensed by Intellectual Plus Pty Ltd ACN 079 280 836 (“Intellectual Plus”) or its suppliers and protected by Australian and international copyright laws. The compilation of all content including any survey conducted on the Website are the exclusive property of Intellectual Plus and protected by Australian and international copyright laws. All software used on the Platform is the property of Zarraffa’s or its suppliers and protected by Australian and international copyright laws.

All graphics, logos, page headers, button icons, scripts, and service names displayed on the Platform are exclusively the trade marks or registered trade marks of Intellectual Plus in Australia and/or other countries (“Zarraffa’s Trade Marks”). Zarraffa’s Trade Marks may not be used in connection with any product or service that is not Zarraffa’s in any manner, including any manner that may or is likely to cause confusion among members, or in any manner that disparages or discredits Zarraffa’s. All other trade marks not owned by Intellectual Plus that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zarraffa’s.

Intellectual Plus does not grant you a licence and does not permit you to use any of the trade marks or logos, whether registered or unregistered, that are displayed on the Platform without the express written permission of the trade mark owner. You may not copy, reproduce, modify, decompile, reverse engineer, republish, frame, distribute, transmit, publish, upload to a third party, post, enter into a database, display, link, perform, modify, create derivative works, transmit, the content (in part or full) of the Platform. You may view the Platform and its contents using your web browser or mobile phone application, as applicable.

If you contribute to any material to the Platform, you agree that your contribution:

(a) does not carry any harmful or malicious code;

(b) is not unlawful, indecent, obscene, threatening, discriminatory, harassing, defamatory, offensive, objectionable or derogatory towards any individual;

(c) does not infringe upon the rights of any third party, encompassing privacy rights, intellectual property rights, and contractual rights; and

(d) is your original creation.

6. Restrictions on Use

You must not use the Platform in any manner or for any purpose which is unlawful or in any manner which violates any of our rights which are prohibited by these Terms. You agree that you will not upload or transmit any communications or material of any type that infringe or violate any laws or the rights of any party.

We reserve the right to suspend or terminate your User Account (if any), your use of or access the Platform at any time and for any reason, without notice to you.

7. ONLINE PAYMENT FACILITIES

All online payment facilities and gateways through the Platform are subject to relevant third party terms and conditions.

8. Advertising, Third Party Content and Links to Third Party Websites

The Platform may contain hyperlinks and other pointers to internet webpages, social media platforms, forums, applications or other web portals operated by third parties (‘External Sites’). We do not control these External Sites and are not responsible for the contents of any linked website or any hyperlink contained in a linked website. The External Sites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the website, content or the products or services provided at those External Sites. Your link to any such External Sites is entirely at your own risk. You should carefully review the privacy statements and other conditions of use of any linked website.

Some of the content provided on the Platform may relate to products, services or information supplied from third parties. We are not responsible for the accuracy of third party content or the suitability or quality of these products, services or information from these third parties. You should contact the relevant third party directly to enquire about the products, services or information provided. The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier. We do not assume any responsibility or liability for the actions, products, and content of these and any other third parties.

We may receive fees and/or commissions from the third parties for displaying their information on the Platform. You acknowledge and consent to us receiving these fees.

9. No reliance on Information

All information contained on the Platform, including information relating to third parties, is for information purposes only. We attempt to be as accurate as possible. However, we do not warrant that content on the Platform is accurate, complete, reliable, current or error-free.

10. Other Businesses

We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

11. Indemnity

By using the Platform, you agree to indemnify Zarraffa’s and its related bodies corporate (as that term is used in the Corporations Act 2001 (Cth)) from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Platform by you.

12. Disclaimer

Some legislation such as the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (‘ACL’) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Platform which cannot be excluded, restricted or modified (your ‘Statutory Rights’). We exclude all conditions, warranties and/or guarantees implied by custom, law or statute save for your Statutory Rights.

Save for your Statutory Rights, in respect of the Platform:

(a) all material on the Platform is provided to you without warranties or guarantees of any kind, either express or implied;

(b) to the maximum extent permitted by law and the statutory consumer guarantees as provided in Chapter 3 Part 3.2 of the ACL, we do not give an express warranty of any kind in relation to any goods and/or services supplied via the Platform and no claim for a refund of goods and/or services provided via the Platform can be made unless those goods and/or services are faulty or incorrectly sent. Goods and/or services returned must be returned within 30 days and be accompanied by a valid receipt of purchase;

(c) we do not warrant that the functions contained in any material on the Platform or your access to the Platform will be uninterrupted or error free, that any defects will be corrected or that the Platform or the server which stores and transmits material to you are free of viruses or any other harmful components;

(d) we do not warrant or make any representation regarding your access to, or the results of your access to, the Platform including its correctness, accuracy, timeliness, completeness, reliability or otherwise; and

(e) you solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Platform.

To the extent permitted by law, including but not limited to any act or omission on our part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Platform.

You expressly acknowledge that we do not exert control over the internet, the application store or the hardware functionality and are not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Platform.

13. Privacy

Zarraffa’s is bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth) and by using the Platform, you are taken to have given consent to Privacy Policy which contains information, amongst other things, about how your personal information (if any) is handled and how you may access personal information that is held by Zarraffa’s about you and seek correction of such information. Zarraffa’s may from time to time disclose your personal information to related entities and third party service providers in Australia.

Every time you use the Platform, information is collected by our providers or, otherwise, on our behalf (for example, and without limitation, such as Google Analytics). Types of information collected include:

• the date and time of your visit to our Platform and online software;

• Your IP address;

• the address of the documents you access;

• the type of browser and operating system you are using; and

• usage data, including how you use the Website or App, such as the pages you visit, the links you click on, the time you spend on each page, and the actions you take; and

• any address of a recurring site and any other website you are about to visit.

The information that will be collected provides us with details about how the Platform will be used including the frequency and duration of visits, and which web pages or links you have accessed on the Platform. We will not collect any personal information which may reveal racial or ethnic origin, political opinions, philosophical beliefs, trade union membership, sexual activity or sexual orientation.

The Platform (particularly the Website) uses cookies or similar technology. Cookies are pieces of information that websites send to the browser and are stored in the device hard-drive. Cookies may make using the Website easier by storing information about your preferences on the Website. This allows the site to be tailored to you on any of your return visits. Cookies will not identify you personally. If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.

We may utilise certain third party advertising services to display advertising for our advertisers. These third party services may place a cookie on your device for the purposes of ad tracking and presentation. We do not share personally identifiable visitor information with third party advertising services.

Some features of the App may require you to consent to Zarraffa’s and our third party service providers accessing information about your current location. For example, the App may require information about your current location to help you find the nearest Zarraffa’s Coffee retail outlet.

For further information regarding how we deal with personal or private information, please review our Privacy Policy.

If you have any concerns or questions regarding your privacy on the Platform, please contact us by telephone on +617 5500 0800 or send any questions or queries via our email address: admin@zarraffas.com.

14. Miscellaneous

We rely upon your continued observance of these Terms. In the event that we suffer loss or damage or incur any costs associated with any breach of these Terms or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning these Terms.

We do not make any claims that the information contained on the Platform is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained on the Platform may not be legal by certain persons or in certain countries. If you access the Platform you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

We reserve all rights not expressly granted to us under these Terms. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.

15. Termination

These Terms are effective until terminated by us. We may terminate these Terms with you and your access to the Platform at any time without notice. In the event of termination, all restrictions imposed on you by these Terms and/or disclaimers and limitations of liability set out in these Terms will survive.

© 2023 Zarraffa’s Management Pty Ltd. All Rights Reserved.

Terms of Use last updated 31 July 2023.

In this Privacy Policy, the expressions “Zarraffa’s Coffee”, “we”, “us” and “our” are a reference to Zarraffa’s Management Pty Ltd ACN 093 874 189 and its Related Entities (as defined in the Corporations Act 2001 (Cth)) (Zarraffa’s Coffee).

We comply with the Australian Privacy Principles (APPs) and the Privacy Act 1988 (Cth) (Privacy Act), which govern the way private sector organisations collect, use, keep secure and disclose personal information (as defined in Section 3).

The purpose of this Privacy Policy is to generally inform people of:

• how and when we collect personal information;

• how we use and disclose personal information;

• how we keep personal information secure, accurate and up-to-date;

• how an individual can access and correct their personal information; and

• how we will facilitate or resolve a privacy complaint.

If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, please contact us so that we can attempt to resolve the issue or complaint. Our contact details are set out in Section 17.

We recommend that you keep this information for future reference.

1. application

(a) This Privacy Policy applies to information that Zarraffa’s Coffee collects (or may collect) in connection with the online and in‑store services offered by Zarraffa’s Coffee and its Franchisees in Australia, including through our websites, App and other digital platforms, retail systems, social media pages, marketing campaigns, promotions, newsletters, loyalty programs, e-learning platforms, marketing activities, images, video and audio recordings (including CCTV footage from stores we operate or provided to us by Franchisees), in store and drive-thru point of sales systems, recruitment and employment processes and any other lawful means of collection.

(b) This Privacy Policy does not apply to information that may be collected by a third party or how that third party may use, handle, store or disclose your information (including where links to third party websites are provided by Zarraffa’s Coffee). Zarraffa’s Coffee does not control the privacy practices of third-party platforms or services. Where you provide personal information directly to a third party (including via social media platforms) the collection, use and handling of that information by the third party will be subject to the third party’s applicable privacy policy and terms and conditions. This does not affect any obligations Zarraffa’s Coffee may have in relation to personal information that we collect, use or disclose through or in connection with those third-party platforms.

2. Franchises

(a) Many Zarraffa’s Coffee retail outlets are operated by independent Franchisees. This Privacy Policy explains how Zarraffa’s Coffee handles personal information that Zarraffa’s Coffee collects and holds (including through our websites, App, loyalty programs and related systems).

(b) Zarraffa’s Coffee handles all personal information collected through the systems it operates (including our websites, App, loyalty programs, point of sale, in-store wifi and customer complaint systems), including where that information is collected in a store operated by a Franchisee. When you place an order through the App, your order details are provided to the Franchisee that fulfils your order through the point of sale system and your payment is processed by our payment service provider and settled to that Franchisee’s merchant account.

(c) Franchisees handle only personal information they collect outside those systems (for example, CCTV footage, or a complaint or job application made directly to the store). We may receive that information from a Franchisee, for example to investigate an incident or complaint. If you have a concern about personal information held by a Franchisee, please contact us using the details in Section 17.3 and we will direct your enquiry to the relevant Franchisee.

3. what is personal information?

The Privacy Act defines “personal information” to mean any information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

4. The kinds of personal information collected, used and disclosed by Zarraffa’s Coffee

(a) Subject to Section 6.2, we will only use or disclose your personal information (as applicable) for the primary purposes for which it was collected or as consented to by you.

(b) At or before the time we collect personal information (as applicable) from you (or, if that is not practicable, as soon as practicable afterwards), we will take reasonable steps to notify you of, or otherwise ensure that you are aware of, the purposes for which your personal information is collected, used and disclosed and other matters required by applicable privacy laws, including through this Privacy Policy, collection notices or other information made available where appropriate.

(c) We set out some common collection, use and disclosure instances in the table below.

5. How Zarraffa’s Coffee collects and holds personal information

5.1 Collection generally

(a) As much as possible or unless provided otherwise in this Privacy Policy or a notification, we will collect your personal information (as applicable) directly from you.

(b) When you engage in certain activities, such as filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities. Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory information or any other information we require in order for us to provide our products or services to you, we may be unable to provide our products or services to you in an effective manner, or at all.

(c) We collect information you provide to us directly when you interact with us, including when you:

(i) create an account or download or use our websites or App;

(ii) join or participate in our loyalty programs, e-learning platforms, competitions, promotions or surveys;

(iii) place or customise orders in store, via drive-thru, or through digital platforms;

(iv) visit our retail outlets;

(v) subscribe to newsletters or other communications;

(vi) contact or interact with us (including by email, telephone, social media or online forms); or

(vii) apply for employment or otherwise seek to engage with us (including as a Franchisee, contractor, supplier or business partner etc).

5.2 Other collection types

We may also collect personal information (as applicable) about you from other sources. Some examples of these alternative collection events are:

(a) when we collect personal information (as applicable) about you from third parties, including:

(i) Franchisees and business partners;

(ii) service providers and contractors (including IT, data hosting, delivery and support services);

(iii) cloud service providers;

(iv) marketing, advertising and analytics providers;

(v) social media platforms and search providers;

(vi) payment providers, financial institutions and credit reporting bodies;

(vii) property management services; and

(viii) other third parties where you have consented to the disclosure or where it is otherwise authorised or required by law;

(b) when we collect personal information (as applicable) from your government issued identity documents or business card;

(c) when we collect personal information (as applicable) about you from a referee provided by you on an application made with us;

(d) when we collect information from you in order to provide you with services, a quote for service or our invoices in relation to services rendered;

(e) when we collect personal information (as applicable) about you when you register to attend or attend an event;

(f) when we collect personal information (as applicable) about you from publicly available sources including but not limited to, court judgments, directorship and bankruptcy searches, Australia Post, White Pages directory and social media platforms (such as LinkedIn, Meta, X, TikTok and Google etc); or

(g) when we collect information automatically when you interact with our digital platforms (including our websites, App, e‑learning platforms and social media pages) or access wireless services at our retail locations. We and our service providers may use technologies such as cookies, log files, clickstream data and similar tracking technologies, as well as features provided by third‑party platforms (such as social media integrations), to collect and analyse this information. These technologies may include:

(i) social media features and widgets (for example the “like” and “share” buttons), where such features may collect information such as the page you are visiting. If you are logged into your account with the third-party company, then the third-party may be able to link information about your visit to, and use of our website(s) or App, to your social media account with them;

(ii) “cookies”, being data files that are placed on your device or computer and often include an anonymous unique identifier;

(iii) "log files”, “server logs” and “clickstream data”, which track actions occurring on our website(s), e-learning platform(s) and App and collect data including your IP address, device identifiers, browser type, location, transaction history, internet service provider, referring/exit pages and date/time stamps; and

(iv) “web beacons”, “tags”, and “pixels”, being electronic files used to record information about how you browse our website(s), social media page(s) or App.

5.3 Notification of collection

If we collect personal information about you from a third party, we will take such steps as are reasonable in the circumstances to notify you of, or otherwise ensure that you are aware of, the matters referred to in Section 4(b), unless special circumstances apply, including as described in Sections 5.3(a) to 5.3(c) below. We may not notify you when we collect personal information about you where, having regard to the circumstances of the collection and applicable privacy laws, it is not reasonable for us to take further steps to notify you or ensure that you are aware of the collection, which may include:

(a) where information is collected from any personal referee you have listed on any application form (including any employment application) with Zarraffa’s Coffee;

(b) where information is collected from publicly available sources including but not limited to, Freedom of Information Act 1982 (Cth) searches, court judgments, directorship and bankruptcy searches, social media platforms (such as LinkedIn, Meta, X, TikTok and Google etc); or

(c) as otherwise required or authorised by law.

5.4 Unsolicited personal information

(a) In the event we collect personal information (as applicable) from you, or a third party, in circumstances where we have not requested or solicited that information (known as unsolicited information), we will, within a reasonable period after receiving it, determine whether we could have collected that information under the APPs had we solicited it.

(b) If we determine that we could not have collected the information, we will, as soon as practicable and where lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.

(c) In the event that the unsolicited personal information (as applicable) collected is in relation to potential future employment with Zarraffa’s Coffee, such as your CV, resume or candidacy related information, we will handle that information in accordance with the APPs and this Privacy Policy, and may keep it on our human resource records.

5.5 How we hold your personal information (as applicable)

(a) Once we collect your personal information (as applicable), we will either hold it securely and store it on infrastructure owned or controlled by us or with a third-party service provider who has taken reasonable steps to ensure they comply with the Privacy Act. We provide some more general information on our security measures in Section 16 (Data security and quality).

(b) We retain personal information only for as long as necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required by law.

6. Uses and disclosures of personal information

6.1 Use and disclosure details

We provide a detailed list at Section 4 of some common uses and disclosures we make regarding the personal information (as applicable) we collect.

6.2 Other uses and disclosures

We may also use or disclose your personal information (as applicable) and in doing so we are not required to seek your additional consent:

(a) when it is disclosed or used for a purpose related to the primary purposes of collection detailed (or, in the case of sensitive information, directly related to the primary purpose of collection) above and you would reasonably expect your personal information (as applicable) to be used or disclosed for such a purpose;

(b) if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious threat to an individual’s life, health or safety or to lessen or prevent a serious threat to public health or safety;

(c) if we have reason to suspect that unlawful activity has been, or is being, engaged in and we reasonably believe the use or disclosure is necessary in order for us to take appropriate action in relation to the matter; or

(d) if it is required or authorised by law.

6.3 Use and disclosure procedures

(a) In the event we propose to use or disclose such personal information (as applicable) other than for reasons set out in the above table at Section 4 or as otherwise outlined in this Privacy Policy, we will first seek your consent where required by law, or otherwise notify you, prior to such disclosure or use.

(b) Your personal information (as applicable) is disclosed to the organisations or parties referred to in Section 4 only in relation to the products or services we provide to you or for a purpose permitted by this Privacy Policy.

(c) We take such steps as are reasonable to ensure that the organisations or parties referred to in Section 4 are aware of the provisions of this Privacy Policy in relation to your personal information (as applicable).

6.4 Communications opt-out

If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact us via the details set out in Section 17.3 of this Privacy Policy and we will ensure the relevant communication ceases. Any other use or disclosure we make of your personal information (as applicable) will only be as required or authorised by law or as permitted by this Privacy Policy or otherwise with your consent.

6.5 Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF)

From 1 July 2026, we are required to comply with the AML/CTF Act in respect of certain designated services we provide. In connection with those obligations:

(a) we collect and verify identity information (including from government issued identity documents and electronic verification sources), beneficial ownership information and, where required, information about your source of funds or source of wealth, in order to conduct initial and ongoing due diligence;

(b) we may use third party identity verification and screening service providers for these purposes;

(c) we may disclose personal information to AUSTRAC and other authorities where required or authorised by the AML/CTF Act, and in some circumstances, we are prohibited by law from informing you that a disclosure has been made;

(d) we are required to retain records collected for AML/CTF purposes (including identification records) for at least seven (7) years; and

(e) if you do not provide the information we require to complete our due diligence process, we may be unable to provide, or continue to provide, our services to you.

7. Sensitive information

7.1 Sensitive information generally

Sensitive information is a subset of personal information (as applicable). It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.

7.2 Collection and use of sensitive information

(a) In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always be possible. We may collect sensitive information from you in order to provide our products and services to you, to support your interactions with us (including through our retail stores, App or employment processes) or otherwise where required or authorised by law. However, we do not collect sensitive information from you without your consent, unless an exception under applicable privacy laws applies.

(b) The type of sensitive information we may collect about you will depend on the services provided to you and your interactions with us, and will be limited to the purpose(s) for which it is collected. We set out some types of sensitive information we may collect about you in the table at Section 4 above.

(c) We do not use sensitive information to send you Direct Marketing Communications (as set out in Section 11 below) without your express consent.

(d) We will only disclose your sensitive information for the purpose for which it was collected (including to the recipients described in the table at Section 4), for a directly related purpose you would reasonably expect, with your consent, or where required or authorised by law (including in an emergency situation). We will delete and remove your sensitive information as required by law.

7.3 Consent

We may collect other types of sensitive information where you have consented and agree to the collection of such information. Generally speaking, we will obtain this type of consent from you at (or around) the point in time in which we collect the information.

8. Online Information and Analytics

Zarraffa’s Coffee’s website or App may offer links to other websites. Those websites may also collect your personal information (as applicable) (including information generated through the use of cookies) when you visit them. We are not responsible for how such third parties collect, use or disclose your personal information (as applicable), so it is important to familiarise yourself with their privacy policies before providing them with your personal information (as applicable).

8.2 Cookies and IP addresses

(a) If you use our website or App, we may utilise "cookies" which enable us to monitor traffic patterns, trends and to serve you more efficiently if you revisit our website or App. In most cases, a cookie does not identify you personally but may identify your internet service provider or computer.

(b) We may collect your IP address as part of our business activities, including to operate, maintain and support our services, troubleshoot operational or technical issues and help protect the security of our systems. An IP address may, depending on the circumstances and other information available to us, be capable of being associated with you or your device.

(c) However, in some cases, cookies may enable us to aggregate certain information with other personal information (as applicable) we collect and hold about you. Zarraffa’s Coffee extends the same privacy protection to your personal information (as applicable), whether gathered via cookies or from other sources, as detailed in this Privacy Policy.

(d) You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. However, if you disable cookies, you may not be able to access certain areas of our website, App or take advantage of the improved website experience that cookies offer.

8.3 Persistent cookies

We use persistent cookies to enable basic web and App traffic analysis using Google Analytics and Apple App Analytics which, for example, shows us which areas of our website and App are popular against those that are not visited often. This allows us to prioritise our enhancements to our website and App and increase the productivity of our website and App.

8.4 Analytics

We undertake and use Apple App Analytics and Google Analytics on our website and App. This feature does not use any sensitive information you have provided to us. It may collect technical information such as IP addresses and device identifiers, which may in some circumstances be personal information (as applicable). Click here for more information about how Google collects and uses data.

8.5 Opt-out

(a) You may have choices about how certain information is collected or used through our website or App, including information used for analytics, advertising, location services and notifications. The controls available to you will depend on the device, operating system, browser and services you use and may be accessible through your device, browser, App or relevant third-party provider settings. Some information may still be collected or used where necessary to provide, operate, secure or support our services.

(b) As a visitor to our website or App, you can opt out of your data being used by Google Analytics by visiting Google Analytics’ site here for currently available opt-outs for the web, and Apple App Analytics by turning off “Share with App Developers” in your device settings (Settings > Privacy & Security > Analytics & Improvements) – see Apple’s App Analytics & Privacy page here.

8.6 Meta Pixel

(a) We may also use Meta Pixel on our website. The information collected via Meta Pixel is used:

(i) by us, as an analytics tool to help us understand how our customers use the website and to measure and analyse how effective our advertisements are; and

(ii) by Meta, for its own purposes in accordance with its terms and conditions and privacy policy.

(b) When you visit our website, Meta Pixel may collect and transmit information about your interaction with our website to Meta, including information about pages visited, actions taken (such as purchases or form submissions), and device or browser information. This information is collected through the use of cookies and similar technologies and may include identifiers associated with your browser or device.

(c) Please refer to Meta Pixel’s terms and conditions and privacy policy for further information.

8.8 Collect Tracking Code

(a) We may also use Collect Tracking Code on our website. The information collected via Collect Tracking Code is used:

(i) by us, as an analytics tool to help us understand how our customers use the website and to measure and analyse how effective our advertisements are; and

(ii) by third-party service providers and technology platforms that we use. These third parties may collect, receive, store or process information in connection with the services they provide to us and may handle that information in accordance with their own terms and conditions and privacy policies.

(b) When you visit our website, Collect Tracking Code may collect and transmit information about your interaction with our website to third-party service providers including information about pages visited, actions taken (such as purchases or form submissions), and device or browser information. This information is collected through the use of cookies and similar technologies and may include identifiers associated with your browser or device.

9. Specific information

9.1 Tax File Number

(a) We will handle your tax file number in accordance with Privacy (Tax File Number) Rule 2015 (Cth) (Rule).

(b) We collect, use and hold tax file numbers only where authorised or required by law, and only for purposes permitted under that Rule, including taxation, superannuation and payroll obligations.

(c) We take reasonable steps to protect tax file numbers from misuse, interference, loss, and unauthorised access, modification or disclosure.

(d) We do not use tax file numbers for any other purpose, and do not disclose tax file numbers except where required or authorised by law.

9.2 Publicly available comments, posts and online interactions

(a) Zarraffa’s Coffee may provide features on its website(s), social media page(s), App, e-learning platform(s) and loyalty program(s) that allow customers to upload content or post comments, communicate with other users, provide reviews or interact with or vote on particular content.

(b) Any information you submit through these features may become publicly available and may be read, collected and used by others. Zarraffa’s Coffee is not responsible for the conduct of third parties who may read, collect or use this information.

10. app account deletion

(a) You may request deletion of your App account at any time through the App or by contacting us using the contact details set out in Section 17.3 of this Privacy Policy.

(b) When an account deletion request is processed:

(i) your account will be deactivated;

(ii) personal information associated with the account will be deleted or de‑identified, except to the extent that we are required or permitted by law to retain the information (for example, for taxation, accounting, fraud prevention or legal purposes); and

(iii) residual data may remain in system backups for a period before being securely deleted in accordance with our data retention practices.

(c) Except to the extent that we are required by law to retain certain information, deleting your account may result in Zarraffa’s Coffee being unable to facilitate or provide you with information about certain transactions (including those processed through our website(s) and App) and may affect your ability to access certain services, including loyalty benefits and order history.

(d) Where we have disclosed your personal information to a third party in accordance with this Privacy Policy, we may not have control over the retention or removal of that information from the third party’s records. This Section is not intended to limit any obligations we may have under applicable privacy laws.

11. Direct Marketing

11.1 Express informed consent

Excluding any sensitive information, which we will only use for Direct Marketing Communications with your express consent, we may use your personal information (as applicable) described in the following sections for Direct Marketing Communications where you have consented to that use or where otherwise permitted by applicable law:

(a) the “Enquiries” section of the table at Section 4 of this document above;

(b) the “Provision of goods and services” section of the table at Section 4 of this document above; and

(c) the “Marketing services” section of the table at Section 4 of this document above,

to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (Direct Marketing Communications).

11.2 Inferred consent and reasonable expectations of direct marketing

Without limitation to Section 11.1, where we have collected your personal information directly from you and you would reasonably expect us to use or disclose it for Direct Marketing Communications given the transaction or communication you have had with us, we may use your personal information (as allowed under the Privacy Act) for that purpose, provided that we give you a simple means to opt out (see Section 11.3) and you have not asked us to stop.

11.3 Opt-out

If at any time you do not wish to receive any further Direct Marketing Communications from us or others under this Section 11, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the Direct Marketing Communication or by contacting us via the details set out at Section 17.3.

12. Credit Information and our Credit Reporting Policy

12.1 Credit information generally

The Privacy Act contains provisions regarding the use and disclosure of credit information, which apply in relation to the provision of both consumer credit and commercial credit.

12.2 Credit information and Zarraffa’s Coffee

(a) Where we agree with you to extend our standard payment terms for at least seven (7) days, then we are considered a credit provider under the Privacy Act in relation to any credit we may provide you (in relation to the payment of your account with us).

(b) We use credit related information for the purposes set out in the “Credit information” section of the table at Section 4 above and our Credit Reporting Policy, which includes but is not limited to, using the information for our own internal assessment of your credit worthiness.

12.3 Storage and access

(a) Where applicable, we may collect and hold credit information about you, including where reasonably necessary for financial, contractual, due diligence or other business-related purposes. Any such information will be handled in accordance with this Privacy Policy and applicable privacy laws.

(b) You may request to access or correct your credit information in accordance with the provisions of Section 17.1 and the provisions of our Credit Reporting Policy.

12.4 Complaints

Please see Section 17 and the provisions of our Credit Reporting Policy if you wish to make a complaint in relation to our handling of your credit information.

12.5 Our Credit Reporting Policy

Please see our Credit Reporting Policy for further information as to the manner in which we collect, use, store and disclose credit information.

13. Anonymity and pseudonymity

To the extent practicable and reasonable, we will endeavour to provide you with the option of dealing with Zarraffa’s Coffee on an anonymous basis or through the use of a pseudonym. However, there may be circumstances in which it is no longer practicable for Zarraffa’s Coffee to correspond with you in this manner and your personal information (as applicable) may be required in order to provide you with our products and services (including through our website(s) and App) or to resolve any issue you may have.

14. Persons under 15

(a) Zarraffa’s Coffee does not knowingly collect personal information from any person under the age of 15. Where we become aware that personal information of a person under 15 has been collected, we will take reasonable steps to delete or de-identify that information. We encourage parents and legal guardians to regularly monitor and supervise minors’ online activities.

(b) To the extent permitted by law, Zarraffa’s Coffee disclaims any responsibility or liability for any personal information of a person under the age of 15. We rely on individuals and, where applicable, parents or legal guardians to ensure that any such consent has been obtained prior to providing personal information to us.

15. Cross Border Disclosure

15.1 Cross border disclosures

(a) Any personal information (as applicable) collected and held by Zarraffa’s Coffee may be disclosed to, and held at, a destination outside of Australia, including but not limited to New Zealand, the United States of America, Germany, Ireland, Luxembourg and Singapore, where we use third party service providers to assist Zarraffa’s Coffee with providing our goods and services to you. Personal information may also be processed by staff or by other third parties operating outside of Australia who work for us or for one of our suppliers, agents, partners or related entities.

(b) As we use service providers and platforms which can be accessed from various countries via an internet connection, it is not always practicable to know where your information may be held. If your information is stored in this way, disclosures may occur in countries other than those listed above.

(c) In addition, we may in the future use overseas IT services (including software, platforms or infrastructure) such as data storage facilities or other IT infrastructure. In such cases, we may own or control such overseas infrastructure or we may have entered into contractual arrangements with third party service providers to assist Zarraffa’s Coffee with providing our products and services to you.

15.2 Provision of informed consent

(a) By submitting your personal information (as applicable) to Zarraffa’s Coffee, you expressly acknowledge that we may disclose, transfer, store or process your personal information (as applicable) outside of Australia. You understand and acknowledge that countries outside of Australia do not always have the same privacy protection obligations as Australia in relation to personal information (as applicable). However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

(b) The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information (as applicable) outside of Australia do not breach the Australian Privacy Principles. We acknowledge the importance of protecting personal information (as applicable) and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

(c) There may also be circumstances in which an exception under the Privacy Act applies to an overseas disclosure.

16. Data security and quality

16.1 Zarraffa’s Coffee’s security generally

We have taken steps to help ensure your personal information (as applicable) is safe and protected from unauthorised access, use, disclosure, alteration or destruction. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information (as applicable), especially where the internet is involved.

Notwithstanding the above, we will take reasonable steps to:

(a) make sure that the personal information (as applicable) we collect, use or disclose is accurate, complete and up to date;

(b) protect your personal information (as applicable) from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and

(c) destroy or permanently de-identify personal information (as applicable) if it is no longer needed for its purpose of collection, subject to any obligation we have under law (including the AML/CTF Act, which requires us to retain certain records for at least seven (7) years) to retain it.

16.2 Accuracy

The accuracy of personal information (as applicable) depends largely on the information you provide to us, so we recommend that you:

(a) let us know if there are any errors in your personal information (as applicable); and

(b) keep us up-to-date with changes to your personal information (as applicable) (such as your name or address).

We provide information about how you can access and correct your information in Section 17.1.

17. Resolving Privacy Complaints and Contacting Zarraffa’s Coffee

17.1 Access to and correction of your personal information

(a) You are entitled to have access to any personal information (as applicable) relating to you which we hold, except in some exceptional circumstances provided by law (including the Privacy Act). You may request access to personal information that we hold about you at any time. You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.

(b) If upon receiving your personal information, or at any other time, you believe the personal information that we hold about you is incorrect, out of date, incomplete, irrelevant or misleading, you may request that we correct the information by contacting us via the details set out in Section 17.3 of this Privacy Policy.

(c) If you would like access to or to correct any records of personal information (as applicable) we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out in Section 17.3 of this Privacy Policy.

(d) We may require you to verify your identity before processing an access or correction request.

(e) To the extent permitted by law, we may charge you a reasonable fee for processing and providing access to personal information, but we will not charge a fee for making an access request or for correcting your personal information.

(f) We will respond to requests to access or correct personal information within a reasonable period after receiving the request, having regard to the nature and circumstances of the request (or where a period is specified by any law, that period). Where required by law, we will provide access to, or take reasonable steps to correct, the personal information we hold about you. We may refuse or limit access or correction where we are permitted by law to do so.

(g) If we refuse or limit your request for access or correction, we will provide you with written notice where required by law, setting out:

(i) our reasons for refusal;

(ii) the manner available to you to make a complaint about our decision; and

(iii) any other information required by law.

17.2 Complaints generally

(a) We have put in place an effective mechanism and procedure to resolve privacy complaints (including where you consider that we have not fulfilled our obligations under any applicable privacy law, have not complied with the terms of this Privacy Policy, or would like to appeal a decision made by us in relation to your personal information).

(b) We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.

17.3 Contacting Zarraffa’s Coffee

If you:

(a) have any concerns or complaints about the manner in which we have collected, used, disclosed or stored your personal information or credit information (as applicable); or

(b) have any comments, concerns or questions regarding this policy or personal information that Zarraffa’s Coffee holds about you; or

(c) would like to access or update your information held by us,

please contact us by:

Telephone: (07) 5500 0800

Email: privacy@zarraffas.com

Post: Privacy Officer, Zarraffa’s Coffee Legal Department, PO Box 2089, BEENLEIGH QLD 4207

Please mark your correspondence to the attention of the Privacy Officer.

17.4 Steps we take to resolve a complaint

In order to resolve a complaint, we:

(a) will liaise with you to identify and define the nature and cause of the complaint;

(b) may request that you provide the details of the complaint in writing;

(c) will keep you informed of the likely time within which we will respond to your complaint; and

(d) will inform you of the legislative basis (if any) of our decision in resolving such complaint.

17.5 Register of complaints

We will keep a record of the complaint and any action taken in a Register of Complaints.

17.6 OAIC

If, after receiving our response, you are still not satisfied that your complaint has been resolved or adequately dealt with (or if we have not responded to your complaint within 30 days), you may direct your complaint to the Office of the Australian Information Commissioner (OAIC). The contact details of the OAIC are listed on their website: www.oaic.gov.au.

18. Consent, modifications and updates

18.1 Interaction of this Policy with contracts

This Privacy Policy is a compliance document prescribed by law rather than a legal contract between two (2) or more persons. However, certain contracts may incorporate all, or part, of this Privacy Policy into the terms of that contract.

18.2 Acknowledgement

By using our website or App, or where you have otherwise been provided with a copy of our Privacy Policy or had a copy of it made reasonably available to you, you are acknowledging that you have been informed of all of the matters in this Privacy Policy.

18.3 Modifications and updates

We reserve the right to modify our Privacy Policy as our business needs require. We will take reasonable steps to notify you of such changes (whether by direct communication or by posting a notice on our website or App). If you do not agree to our continued use of your personal information (as applicable) due to the changes in our Privacy Policy, please cease providing us with your personal information (as applicable) and contact us via the details set out in Section 17.3 of this Privacy Policy.

19. definitions

Except where the context otherwise requires, the following words have the meaning set out below:

(a) App means the “Zarraffa’s App” or “Zarraffa’s Coffee” mobile application that is developed, operated or otherwise provided by Zarraffa’s Coffee.

(b) Franchisee means a franchisee of Zarraffa’s Coffee authorised to operate a retail outlet from time to time.

(c) You, without limitation, includes any of the following:

(i) any individual visiting our website, App, e-learning platform(s), or social media page(s);

(ii) Franchisees or prospective franchisees;

(iii) an organisation;

(iv) customers of Zarraffa’s Coffee;

(v) customers of Franchisees;

(vi) suppliers or contractors (whether current, previous or prospective) of Zarraffa’s Coffee, including the employees of such suppliers and contractors; or

(vii) employees or prospective employees of Zarraffa’s Coffee.

1. Introduction

Each Zarraffa’s Coffee store is independently owned and operated (either as an authorised franchisee or a corporate store of Zarraffa’s Franchising Pty Ltd) that sells consumers:

(a)   items of merchandise branded with the Zarraffa’s Coffee logo and/or other trade dress; and 
(b)   ready to consume beverage and foodstuffs.

Consumer protection laws have long been provided in Australia and were often referred to as‘warranties’ or ‘implied warranties’. These consumer protections have now been codified in the Australian Consumer Law (ACL) provided as part of the Competition and Consumer Act 2010 (Cth). As part of this change, the terms ‘warranties’ and ‘implied warranties’ are now referred to ‘Statutory Consumer Guarantees’ (SCG’s).

There are nine (9) SCG’s that apply to the goods purchased by consumers, as follows: 

(a)     The goods will be of acceptable quality; 
(b)     The goods will be fit for a particular purpose; 
(c)     The goods will match their description; 
(d)     The goods will match the sample or demonstration model; 
(e)     Any express warranties will be honoured; 
(f)     Spare parts and repair facilities will be available for a reasonable time after purchase; 
(g)     You will have title to the goods; 
(h)     You will have undisturbed possession of the goods; and 
(i)     There are no undisclosed securities on the goods.

For further information about the ACL and SCG’s, visit www.consumerlaw.gov.au.

To obtain compensation under the SCG’s, a consumer would need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of the failure by Zarraffa’s Coffee to comply with the SCG’sunder ACL. Such evidence may include photographs, statutory declarations, receipts or reports (e.g. from your doctor), depending on the loss or damage.

It is these SCG’s that regulate how a business must deal in goods with its consumers. In some instances, a business can be a consumer.

At Zarraffa’s Coffee we constantly strive to seek the trust of our consumers across the entire group. While our core product is quick service retail whereby we provide ready to consume coffee and other products, some Zarraffa’s Coffee Stores may choose to sell branded merchandise.

2. Purpose

This policy has been drafted to clarify how Zarraffa’s Coffee Stores selling branded merchandise treats, refunds, repairs and exchanges those Goods sold to consumers.

3. Application

This policy will apply at the time of purchasing any Goods from a Zarraffa’s Coffee Store.

4. Definitions

Goods means the item or items of merchandise branded with the Zarraffa’s Coffee logo and/or other trade dress as sold in the Zarraffa’s Coffee Store(s) that is not a ready to consume beverage or foodstuff. 
Major Failure has the same meaning as prescribed under the ACL. 
Minor Failure has the same meaning as prescribed under the ACL. 
Zarraffa’s Coffee means the collective group of independently owned and operated coffee shops under the brand Zarraffa’s Coffee, either as an authorised franchisee or as a corporately owned store of Zarraffa’s Franchising Pty Ltd. 
Zarraffa’s Coffee Store means the Zarraffa’s Coffee store at which you purchased the Goods.

5. Legislative Framework

Competition and Consumer Act 2010 (Cth).

6. Policy

For all returns please see the franchisee, store manager or supervisor on shift of the Zarraffa’s Coffee Store the Goods were purchased from. If you are seeking a refund, repair or exchange, the franchisee, store manager or supervisor of a Zarraffa’s Coffee Store may ask for a reasonable explanation of why the refund, repair or exchange is requested.

6.1 How long do I have?

Your rights to a remedy under the ACL are not limited by a defined time. However, the ACL does recognise that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. This policy adopts the same approach. As you can appreciate, this type of remedy offered may also vary on how long it takes you to return the Goodsto us – Zarraffa’s Coffee requires all Zarraffa’s Coffee Stores to take a fair and reasonable approach in this regard.

6.2 Proof of Purchase

(a)     The tax invoice, docket or receipt you received with the Goods at the time of purchase of the Goods is your best proof of your purchase (although it is not necessarily the only one).In some instances, a Zarraffa’s Coffee Store may ask for more than one (1) type of proof of purchase.

Unfortunately, a Zarraffa’s Coffee Store will not accept a bank or credit card statement unless the amount on that statement directly corresponds to the amount at which the Goods in question were purchased. Where multiple items were purchased in that transaction, it limits the ability to establish proof of purchase. A Zarraffa’s Coffee Store cannot provide copies of receipts if lost or misplaced.

(b)     If a Zarraffa’s Coffee Store cannot be satisfied that you purchased the Goods from that store, then, under the law, that Zarraffa’s Coffee Store is entitled to elect whether or not to accept your product for return and refund the purchase price.

Should that Zarraffa’s Coffee Store elect to accept the Goods for return without proof of purchase, the Zarraffa’s Coffee Store will give you a refund of the purchase price in the form of a gift card or a complimentary drinks card (which may be subject to further terms and conditions).

6.3 Exceptions to a refund, replacement or repair

(a)     A Zarraffa’s Coffee Store is not obliged in all circumstances under the ACL to give you a refund, replacement or arrange for a repair. For example, your use of the Goods can affecttheir durability and the guarantee of acceptable quality will not apply if you: 

(i)     use the Goods abnormally;
(ii)     cause the quality of the Goods to become unacceptable; or 
(iii)     fail to take reasonable steps to avoid the quality becoming unacceptable.

Abnormal use is not specifically defined in the ACL, however, not using the Goods in accordance with or contrary to the Manufacturer’s instructions would likely be considered as abnormal use.

(b)     Please choose carefully as refunds are not normally provided by a Zarraffa’s Coffee Store in the following circumstances: 

(i)     Where you simply changed your mind about purchasing the Goods, i.e you decide that you do not like the purchase or have no use for the purchase; 
(ii)     You have discovered that you can buy the Goods cheaper elsewhere; or 
(iii)     You have damaged the Goods by using them in a way that was unreasonable or unintended (this may include washing the Goods in a manner other than as specifically prescribed by the manufacturer, or as noted on the goods, or as noted by Zarraffa’s Coffee at time of sale.)

(c)     Zarraffa’s Coffee gift cards cannot be returned for a refund.

6.4 Procedure

(a)     Assessing.

(i)     Once the Zarraffa’s Coffee Store has established satisfactory proof of purchase in accordance with this policy, an assessment of the Goods will be required in order to determine the nature of the issue and what remedy can be provided – those being, refund, repair or exchange.

(ii)     In most circumstances, such as the Goods being incorrectly labelled or if the fault is relatively simple to determine, an assessment of the Goods can be carried out by the franchisee, store manager or supervisor at the relevant Zarraffa’s Coffee Store.

(iii)     Where the Zarraffa’s Coffee Store is unable to assess the Goods and/or determine any issue with the Goods, then the Zarraffa’s Coffee Store will send the Goods to the manufacturer or their authorised repairer for assessment of any repair work required to be done and/or the nature of the Good’s problem.

(iv)     If you require, the Zarraffa’s Coffee Store can forward your Goods to the manufacturer or authorised repairer and liaise with them on your behalf to resolve the issue.

(v)     Any cost incurred by you in bringing the item back to the Zarraffa’s Coffee Store will be borne by you.

(b)     Assessment Criteria.

(i)     When the goods are assessed by the Zarraffa’s Coffee Store or you request the Zarraffa’s Coffee Store to send the Goods to the manufacturer or their authorised repairer agent for assessment, the Goods will be assessed in accordance with the same scale which will determine what remedy or remedies are available to you.

(ii)    The assessment will determine whether there:

(A)     is a Minor Fault with the Goods; 
(B)     is a Major Fault with the Goods; or 
(C)     has been damage to the Goods through abnormal use.

(iii)     If the Goods are assessed as failing to meet one of the SCG’s under the ACL, repair work will be solely at the Zarraffa’s Coffee Store and/or the manufacturer’s cost.

(iv)     Where:

(A)     there has been a Minor Fault and the Goods can easily be repaired, a repair of the Goods will be carried out; 
(B)    there has been a Major Fault to the goods, you may choose to receive a refund, replacement or repair to the goods. Alternatively, you may request a gift card or complimentary cards to the equal or greater value of the Goods – if a gift card or complimentary card is requested, it willonly be available for use at the Zarraffa’s Coffee Store at which the Goods were purchased; or 
(C)    the Goods have been damaged due to abnormal use, Zarraffa’s Roastery unfortunately cannot offer a refund or exchange.

(c)     Refund payment.

If there has been a Major Fault and you elect for a refund, subject to you having sufficient proof of purchase and meeting the other requirements of this policy, the Zarraffa’s Coffee Store will provide you with a refund in the form of the previous payment method of payment used to make the original purchase of the Goods.

(d)     Time Frame.

It is difficult to determine with precision the exact amount of time it may take for the Zarraffa’s Coffee Store and/or the manufacturer to assess a product fault, undertake repair work and return the Goods to you. A reasonable amount of time in the circumstances will depend on the Goods that are to be repaired and the nature of the fault. It can often take six (6) weeks or more for the repair of Goods to be completed.

(e)     Dealing directly with the manufacturer.

(i)     In some circumstances (or at your election), you may find it more convenient to liaise with the manufacturer of the Goods directly. Should you wish to deal with the manufacturer or their authorised repairer directly, the Zarraffa’s Coffee Store can provide you with the respective contact details.

(ii)     In some circumstances, particularly if some time has passed since the date of your purchase of the Goods and if the Goods fault is unlikely to be a defect, the Zarraffa’s Coffee Store may recommend that speak to the manufacturer direct for repair or servicing work – this will make it easier for you to make arrangements for the repair or return of the Goods to you if the Goods are assessed as not to have failed to meet one of the SCG’s under the ACL.

(f)     Repair Notice.

Where goods are to be repaired, those Goods presented for repair may be replaced by refurbished Goods of the same type rather than being repaired. Refurbished parts may be used to repair the Goods.

(g)     Limitation of liability.

To the extent permitted by law (but only to the extent that such exclusion does not breach any provision of the ACL), the Zarraffa’s Coffee Store expressly excludes any liability for any indirect or consequential loss (including for loss of revenue or loss of use) arising from or in any way relating to the purchase or use of the Goods.

To the extent permitted by law (but only to the extent that such exclusion does not breach any provision of the ACL), the Zarraffa’s Coffee Store will only be liable to you for the cost of replacing the Goods, having the Goods repaired or obtaining equivalent Goods (whichever is the lowest) where they are deemed as not being of acceptable quality or not matching the description given by the Zarraffa’s Coffee Store.

(h)     Repair Facilities and Spare Parts.

The Zarraffa’s Coffee Store gives notices that repair facilities and spare parts are unlikely to be available after 12 months from when the Goods are purchased. The Zarraffa’s Coffee Store notes this as, manufacturers for the products are likely to update, adapt or change the Goods in each 12 month period.

6.5 Expectations of staff

(a)     All Zarraffa’s Coffee staff covered by this policy are obligated to ensure that your statutory rights are not limited in any way. Limiting your rights may include: 

(i)    informing you that the manufacturer is solely obligated to remedy your faulty product; 
(ii)    refusing to refund a product that is faulty or became faulty through no fault of your own within a reasonable time frame; or 
(iii)    failing to assist in a courteous and timely manner with a remedy that is in accordance with this policy.

(b)     Please note that a staff member may reasonably direct you to the Zarraffa’s Coffee Store at which the Goods were purchased in order to satisfy your enquiry and provide you with a remedy. This redirection may be required as a result of the Zarraffa’s Coffee Stores being independently owned and operated under a franchise model.

(c)     If at any time you feel that a Zarraffa’s Coffee Stores staff member’s conduct is not in accordance with this policy, then ask to speak to the franchisee, the store manager or supervisor.

6.6 Repair to Goods outside of the SCG’s

(a)     Where you wish to have the Goods you have purchased repaired or serviced in circumstances where the Goods have not suffered a failure that would amount to a breach of one of the SCG’s under the ACL, the Zarraffa’s Coffee Store will contact you to ask whether you would still like the repair or product servicing work to be carried out by the manufacturer or their authorised repairer at your own cost. Alternatively, the Zarraffa’s Coffee Store can refer you directly to the manufacturer for repairs and/or service of the Goods.

(b)     For example, you may require a repair due to: 

(i)    the Goods suffering from normal wear and tear;
(ii)    the Goods having a problem that occurs after the expiry of the Goods expected life (having regard to quality, price and other similar factors); or
(iii)    the Goods having a problem that arises because of excessive use or failure to take reasonable care to maintain the goods in good working order and condition; or 
(iv)    the Goods require repair due to abnormal use.

(c)     The Zarraffa’s Coffee Store is not obliged to offer you a repair free of charge in the above circumstances or where the goods have not suffered a failure that would amount to a breach of one of the SCG’s under the ACL. You can however, choose to have repairs or product servicing performed on the goods at your own cost.

(d)     To assist you in doing so, the ACL provides that the manufacturer of Goods should have, for a reasonable period of time and having regard to the expected life of the product, facilities to repair the Goods and/or have adequate spare parts.

6.7 Services

Zarraffa’s Coffee do not provide any services in relation to the Goods and therefore any SCG’s in relation to services under the ACL unlikely to apply. If for whatever reason a service is provided, this policy will adopt the requirements under the ACL with regard to services.

6.8 Use of Your Personal Information

(a)     A Zarraffa’s Coffee Store may collect personal information during the assessment, repair, refund or exchange process in order to process your request for a repair, refund and/or exchange of Goods. Without such information, the Zarraffa’s Coffee Store may be unable to contact you should the Good be required to be sent to the manufacturer.

(b)     It is expressly noted that your personal information may be handled by employees, contractors and/or agents of the Zarraffa’s Coffee Store as required by the Zarraffa’s Coffee Store to satisfactorily resolve the requirements under this policy, this may include Zarraffa’s Franchising Pty Ltd, subject to at all times any person who handles the personal information being bound to confidentiality. Where you choose to escalate a dispute in accordance with clause 6.10 of this policy, you expressly consent to Zarraffa’s Franchising Pty Ltd and its employees, contractors and agents to obtain your personal information from the relevant Zarraffa’s Coffee Store in order to deal with the issue as required.

(c)     Zarraffa’s Coffee have policies and procedures in place to ensure that all personal information is handled in accordance with the National Privacy Principles.

(d)     If you wish to obtain further information on the Zarraffa’s Coffee Privacy Policy, you can find it at www.zarraffas.com/privacy

6.9 Dispute Resolution

If at any time you feel that your rights under the ACL or rights in accordance with this policy are not being satisfactorily observed by the relevant Zarraffa’s Coffee Store or the manufacturer then you may escalate your dispute:

(a)    by email to admin@zarraffas.com (please include your name, contact details, the Zarraffa’s Coffee Store name and details of the dispute); or

(b)    in writing to (please include your name, contact details, the Zarraffa’s Coffee Store name and details of the dispute):

Zarraffa’s Franchising Pty Ltd 
Attention: Zarraffa’s Coffee Refunds Department 
PO Box 1600 
OXENFORD QLD 4210. 

You should not send your Goods to the above address unless requested to do so by Zarraffa’s Franchising Pty Ltd.

6.10 Contact Us

For further information on anything contained in this policy, please discuss with the franchisee or manager of the Zarraffa’s Coffee Store at which you purchased the Goods.

6.11 Version and right to amend

(a)     This policy is published as version 2.1 and released in May 2016.

(b)     Zarraffa’s Coffee reserves the right to amend and revise this policy at any time. In the event of a change, the policy that applied at the time of sale of the Goods will continue to apply. Any purchase of the Goods on or after the release date of this policy, as noted under this clause, will apply to that purchase. 

A Zarraffa’s Coffee Store will have this policy (and any amendment) available at store. Zarraffa’s Franchising Pty Ltd may, but is not required to, make available a copy of this policy on its website.

1. Introduction

Zarraffa’s Roastery is a speciality roaster of coffee and wholesaler of associated products to businesses (where the goods are purchased to be resold or purchased as an ingredient to be transformed into another product that is sold by that business) and consumers (where the goods are bought for personal, domestic or household use).

Consumer protection laws have long been provided in Australia and were often referred to as‘warranties’ or ‘implied warranties’. These consumer protections have now been codified in the Australian Consumer Law (ACL) provided as part of the Competition and Consumer Act 2010 (Cth). As part of this change, the terms ‘warranties’ and ‘implied warranties’ are now referred to ‘Statutory Consumer Guarantees’ (SCG’s).

There are nine (9) SCG’s that apply to the goods purchased by consumers, as follows:

(a)     the goods will be of acceptable quality; 
(b)     the goods will be fit for a particular purpose; 
(c)     the goods will match their description; 
(d)     the goods will match the sample or demonstration model; 
(e)     any express warranties will be honoured; 
(f)     spare parts and repair facilities will be available for a reasonable time after purchase; 
(g)     you will have title to the goods; 
(h)     you will have undisturbed possession of the goods; and 
(i)     there are no undisclosed securities on the goods.

For further information about the ACL and SCG’s, visit www.consumerlaw.gov.au.

To obtain compensation under the SCG’s, a consumer would need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of the failure by Zarraffa’s Roastery to comply with the SCG’s under ACL. Such evidence may include photographs, statutory declarations, receipts or reports (e.g. from your doctor), depending on the loss or damage.

It is these SCG’s that regulate how a business must deal in goods with its consumers. In some instances, a business can be a consumer. However, the SCG’s do not apply where:

(a)     goods purchased from a business will be resold; and
(b)     goods purchased from a business will be transformed into a product that is sold.

2. Purpose

This policy has been drafted to clarify how Zarraffa’s Roastery treats, refunds, repairs and exchanges goods sold by it to consumers (where the goods are bought for personal, domestic or household use).

3. Application

This policy applies to any consumers purchasing goods directly from Zarraffa’s Roastery where the goods are bought for personal, domestic or household use.

(Please see Reseller Refund Policy (Roastery) for the policy relating to goods purchased by businesses where such goods are purchased to be resold or purchased as an ingredient to be transformed into another product that is sold by that business).

4. Definitions

Goods means any item or items sold by Zarraffa’s Roastery that is not a ready to consume beverage or foodstuff. 
Major Failure has the same meaning as prescribed under the ACL.
Minor Failure has the same meaning as prescribed under the ACL.
Zarraffa’s Roastery means Zarraffa’s Roastery Pty Ltd.

5. Legislative Framework

Competition and Consumer Act 2010 (Cth).

6. Policy

For all returns please contact Zarraffa’s Roastery in the following manners:

(a)     by email to sales@zarraffas.com (please include your name, contact details, sufficient details to identify your purchase, details of the issue with the Goods and why you are seeking a refund, repair or exchange); or

(b)     in writing to (please include your name, contact details, sufficient details to identify your purchase, details of the issue with the Goods and why you are seeking a refund, repair or exchange):

Zarraffa’s Roastery Pty Ltd 
Attention: Refunds Department 
PO Box 2089
BEENLEIGH QLD 4207

You should not send your Goods to the above address unless previously requested to do so by Zarraffa’s Roastery Pty Ltd.

(c)     in person at:

Zarraffa’s Roastery Pty Ltd 
124 Distillery Road 
EAGLEBY QLD 4207.

6.1 How long do I have?

Your rights to a remedy under the ACL are not limited by a defined time. However, the ACL does recognise that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. This policy adopts the same approach. As you can appreciate, this type of remedy offered may also vary on how long it takes you to return the Goods to us – Zarraffa’s Roastery takes a fair and reasonable approach in this regard.

6.2 Proof of Purchase

(a)     The tax invoice, docket or receipt you received with the Goods at the time of purchase or receipt of the Goods is your best proof of your purchase (although it is not necessarily the only one). In some instances, Zarraffa’s Roastery may ask for more than one (1) type of proof of purchase.

Unfortunately, Zarraffa’s Roastery will not accept a bank or credit card statement unless the amount on that statement directly corresponds to the amount at which the Goods in question were purchased. Where multiple items were purchased in that transaction, it limits the ability to establish proof of purchase. Zarraffa’s Roastery cannot provide copies of receipts if lost or misplaced.

(b)     If Zarraffa’s Roastery cannot be satisfied that you purchased the Goods from it, then, under the law, Zarraffa’s Roastery is entitled to elect whether or not to accept your product for return and refund the purchase price.

Should Zarraffa’s Roastery elect to accept the Goods for return without proof of purchase, Zarraffa’s Roastery may elect to give you a refund of the purchase price in the form of a gift card or online store credit (which may be subject to further terms and conditions).

6.3 Exceptions to a refund, replacement or repair

(a)     Zarraffa’s Roastery is not obliged in all circumstances under the ACL to give you a refund, replacement or arrange for a repair. For example, a consumers use of the goods can affect their durability and the guarantee of acceptable quality will not apply if a consumer:

(i)    uses the goods abnormally;
(ii)    causes the quality of the goods to become unacceptable; or 
(iii)    fails to take reasonable steps to avoid the quality becoming unacceptable.

Abnormal use is not specifically defined in the ACL, however, not using the goods in accordance with or contrary to the Manufacturer’s instructions would likely be considered as abnormal use.

(b)     Please choose carefully as refunds are not normally provided by Zarraffa’s Roastery in the following circumstances:

(i)     where a consumer has simply changed their mind about purchasing the goods, i.e a consumer decides that it does not like the purchase or have no use for the purchase;
(ii)     a consumer has discovered that it can buy the goods cheaper elsewhere; or
(iii)     a consumer has damaged the goods by using them in a way that was unreasonable or unintended (this may include washing the Goods in a manner other than as specifically prescribed by the manufacturer, or as noted on the goods, or as noted by Zarraffa’s Roastery at time of sale.

6.4 Procedure

(a)     Assessing.

(i)     Once Zarraffa’s Roastery has established satisfactory proof of purchase in accordance with this policy, an assessment of the goods will be required in order to determine the nature of the issue and what remedy can be provided – those being, refund, repair or exchange.

(ii)    In most circumstances, such as the goods being incorrectly labelled or if the fault is relatively simple to determine, an assessment of the goods can be carried out by Zarraffa’s Roastery.

(iii)    Where Zarraffa’s Roastery is unable to assess the goods and/or determine any issue with the goods, Zarraffa’s Roastery will send the goods to the manufacturer or their authorised repairer for assessment of any repair work required to be done and/or the nature of the goods problem.

(iv)     If you require, Zarraffa’s Roastery can forward your goods to the manufacturer or authorised repairer and liaise with them on your behalf to resolve the issue.

(v)    Any cost incurred by sending the goods back to Zarraffa’s Roastery and/or the manufacturer will be borne by the consumer.

(b)     Assessment Criteria.

(i)    When the goods are assessed by Zarraffa’s Roastery or you request Zarraffa’s Roastery to send the goods to the manufacturer or their authorised repairer agent for assessment, the goods will be assessed in accordance with the same scale which will determine what remedy or remedies are available to the consumer.

(ii)    The assessment will determine whether there:

(A)     is a Minor Fault with the goods; 
(B)     is a Major Fault with the goods; or
(C)     has been damage to the goods through abnormal use.

(iii)    If the Goods are assessed as failing to meet one of the SCG’s under the ACL, repair work will be solely at Zarraffa’s Roastery and/or the manufacturer’s cost.

(iv)     Where:

(A)     there has been a Minor Fault and the goods can easily be repaired, a repair of the Goods will be carried out;
(B)     there has been a Major Fault to the goods, you may choose to receive a refund, replacement or repair to the goods; or
(C)     the goods have been damaged due to abnormal use, Zarraffa’s Roastery unfortunately cannot offer a refund or exchange.

(c)     Refund payment.

If there has been a Major Fault and you elect for a refund, subject to you having sufficient proof of purchase and meeting the other requirements of this policy, Zarraffa’s Roastery will provide you with a refund in the form of the previous payment method of payment used to make the original purchase of the goods.

(d)     Time Frame.

It is difficult to determine with precision the exact amount of time it may take for Zarraffa’s Roastery and/or the manufacturer to assess a product fault, undertake repair work and return the goods to you. A reasonable amount of time in the circumstances will depend on the goods that are to be repaired and the nature of the fault. It can often take six (6) weeks or more for the repair of goods to be completed.

(e)     Dealing directly with the manufacturer.

In some circumstances (or at your election), you may find it more convenient to liaise with the manufacturer of the goods directly. Should you wish to deal with the manufacturer or their authorised repairer directly, Zarraffa’s Roastery can provide you with the respective contact details.

In some circumstances, particularly if some time has passed since the date of your purchase of the goods or if the goods fault is unlikely to be a defect, Zarraffa’s Roastery may recommend or require that you speak to the manufacturer direct for repair or servicing work – this will make it easier for you to make arrangements for the repair or return of the goods to you if the goods are assessed as not to have failed to meet one of the SCG’sunder the ACL.

(f)     Repair Notice.

Where goods are to be repaired, those goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

(g)     Limitation of liability.

To the extent permitted by law (but only to the extent that such exclusion does not breach any provision of the ACL), Zarraffa’s Roastery expressly excludes any liability for any indirect or consequential loss (including for loss of revenue or loss of use) arising from or in any way relating to the purchase or use of the goods.

To the extent permitted by law (but only to the extent that such exclusion does not breach any provision of the ACL), Zarraffa’s Roastery will only be liable to a consumer for the cost of replacing the goods, having the goods repaired or obtaining equivalent goods (whichever is the lowest) where they are deemed as not being of acceptable quality or not matching the description given by Zarraffa’s Roastery.

(h)     Repair Facilities and Spare Parts.

Zarraffa’s Roastery gives notices that repair facilities and spare parts are unlikely to be available after 12 months from when the goods are purchased. Zarraffa’s Roastery notes this as, manufacturers for the products are likely to update, adapt or change the goods in each 12 month period.

6.5 Repair to goods outside of the SCG’s

(a)     Where you wish to have the goods you have purchased repaired or serviced in circumstances where the goods have not suffered a failure that would amount to a breach of one of the SCG’s under the ACL, Zarraffa’s Roastery will contact you to ask whether you would still like the repair or product servicing work to be carried out by the manufacturer or their authorised repairer at your own cost. Alternatively, Zarraffa’s Roastery can refer you directly to the manufacturer for repairs and/or service of the goods.

(b)     For example, you may require a repair due to:

(i)     the goods suffering from normal wear and tear;
(ii)    the goods having a problem that occurs after the expiry of the goods expected life (having regard to quality, price and other similar factors); or
(iii)    the goods having a problem that arises because of excessive use or failure to take reasonable care to maintain the goods in good working order and condition; or
(iv)    the goods not being used in accordance with any directions or instructions; or
(v)     the goods require repair due to abnormal use.

(c)     Zarraffa’s Roastery is not obliged to offer you a repair free of charge in the above circumstances or where the goods have not suffered a failure that would amount to a breach of one of the SCG’s under the ACL. You can however, choose to have repairs or product servicing performed on the goods at your own cost.

(d)     To assist you in doing so, the ACL provides that the manufacturer of goods should have, for a reasonable period of time and having regard to the expected life of the product, facilities to repair the goods and/or have adequate spare parts.

6.6 Services

Zarraffa’s Roastery does not provide any services in relation to the goods and therefore any consumer guarantees in relation to services under the ACL unlikely to apply. If for whatever reason a service is provided, this policy will adopt the requirements under the ACL with regard to services.

6.7 Use of Your Personal Information

(a)     Zarraffa’s Roastery may collect personal information during the assessment, repair, refund or exchange process in order to process your request for a repair, refund and/or exchange of goods. Without such information, Zarraffa’s Roastery may be unable to contact you should the goods be required to be sent to the manufacturer.

(b)    It is expressly noted that your personal information may be handled by employees, contractors and/or agents of Zarraffa’s Roastery as required to satisfactorily resolve the requirements under this policy, subject to at all times any person who handles the personal information being bound to confidentiality.

(c)    Zarraffa’s Roastery has policies and procedures in place to ensure that all personal information is handled in accordance with the National Privacy Principles.

(d)    If you wish to obtain further information on the Privacy Policy adopted by Zarraffa’s Roastery, you can find it at www.zarraffas.com/privacy-policy

1. Introduction

Zarraffa's fosters a culture of honesty and integrity, ‘speaking up’ and ‘speaking out’, complemented by our commitment to corporate compliance and governance. We advocate for transparency and accountability at all levels of our operations, ensuring that our actions consistently reflect our core values.

Zarraffa's actively encourages the reporting of any suspected misconduct or inappropriate circumstances concerning Zarraffa’s or our Employees. We strive to maintain an environment where open communication is valued and protected, enabling Whistleblowers to report concerns without fear of retaliation or prejudice.

To facilitate this, Zarraffa’s has established clear procedures for reporting and investigating allegations. We endeavour to treat all reports with the utmost seriousness and discretion, ensuring that each is thoroughly examined and addressed in accordance with this Policy.

This Policy:

(a)              has been designed to protect Disclosers who report conduct that they reasonably believe to be corrupt, illegal or unethical on a confidential basis, without fear of Victimisation, reprisal, dismissal or discriminatory treatment;

(b)              sets out Zarraffa’s stance towards Whistleblower protection;

(c)              provides a framework around how a Whistleblowers can make a Disclosure;

(d)              outlines how any such Disclosures will be managed by Zarraffa’s.

(e)              sets out how this Policy will be made available to Officers and Disclosers;

(f)               outlines information about the protections available to Whistleblowers;

(g)              identifies how Disclosures that qualify for protection may be made and to whom;

(h)              sets out how Zarraffa’s will support Whistleblowers and protect them from detriment;

(i)               outlines how Zarraffa’s will investigate Disclosures that qualify for protection; and

(j)               outlines how Zarraffa’s will ensure Employees related to or mentioned in a Disclosure, that qualifies for protection, will be treated fairly.

Nothing in this Policy is intended to alter the protections which may be available at law.2. Purpose

The purpose of this policy is to purport the stance of Zarraffa’s towards Whistle-blower protection and define the framework for how a Worker can make a Disclosure and how any such Disclosures will be managed by Zarraffa’s.

The objective of this policy is to set out:

(a) how this policy will be made available to Officers and Workers;

(b) information about the protections available to Whistle-blowers;

(c) how Disclosures that qualify for protection may be made and to whom;

(d) how Zarraffa’s will support Whistle-blowers and protect them from detriment;

(e) how Zarraffa’s will investigate Disclosures that qualify for protection; and

(f) how Zarraffa’s will ensure Employees related to or mentioned in a Disclosure, that qualifies for protection, will be treated fairly.

Nothing in this policy is intended to alter the protections which may be available at law.

2. Application

TThis Policy is applicable to all Whistleblowers.

Where the Policy states that Zarraffa’s must, or must not, carry out a particular action, the applicable Officer and/or Employee must take all reasonably necessary steps to ensure that Zarraffa’s carries out, or does not carry out, that particular action.

Where this Policy outlines a process or procedure for dealing with any matter, this is provided as guidance only, and Zarraffa’s may at its discretion deviate from the Policy in relation to any matter where deemed necessary or appropriate.

While Employees are required to comply with this Policy, it is not contractual in nature and does not form part of their terms and conditions of employment.

This Policy may be varied from time to time by Zarraffa’s in its discretion.

3. Legislative framework

(a)              The Act;

(b)              Corporations Act 2001 (Cth); or

(c)              Prescribed Legislation;

as is in force or replaced or amended, from time to time.

4. Policy

4.1 Availability

Zarraffa’s will ensure that this Policy is published on Zarraffa’s official website and take reasonable steps to ensure (through induction procedures and regular training) that all Officers and Employees are:

(a)              aware of, and understand this Policy, and

(b)              the types of incidents, behaviour or scenarios that are Reportable Conduct.

5. Disclosures Protected Under the Act

5.1 Who can be an Eligible Whistleblower?

The Act identifies who can be an eligible whistleblower and for ease this can include:

(a)              an employee of Zarraffa’s (including current or former employees);

(b)              an officer or associate of Zarraffa's;

(c)              a person who supplies goods or services to Zarraffa’s, whether paid or unpaid, or employee of such a person;

(d)              a spouse, relative or dependent of one of the above.

A customer or a franchisee’s employee cannot be treated as an Eligible Whistleblower.

5.2 What can be disclosed?

A Whistleblower may report a matter under this Policy if they have ‘reasonable grounds to suspect’ that the information:

(a)              concerns misconduct;

(b)              an improper state of affairs; or

(c)              circumstances,

in relation to Zarraffa’s.

The words ‘reasonable grounds to suspect’ is based on the objective reasonableness of the reasons for the Discloser’s suspicion. It ensures that a Discloser’s motive for making a disclosure, or their personal opinion of the person(s) involved, does not prevent them from qualifying for protection. In practice, a mere allegation with no supporting information is not likely to be considered as having ‘reasonable grounds to suspect’.  

The information may indicate that Zarraffa’s, or a Zarraffa’s’ Officer or Employee has engaged in conduct which:

(a)              constitutes an offence against, or a contravention of, a provision of the Act or Prescribed Legislation. For example, dishonest, fraudulent, corrupt or illegal activity (e.g. theft);

(b)              constitutes an offence against other laws of the Commonwealth of Australia that are punishable by imprisonment for a period of 12 months or more;

(c)              represents a danger to the public or the financial system; or

(d)              as otherwise prescribed by the law (including any relevant regulation).

Examples of Reportable Conduct can include:

(a)              fraud;

(b)              corrupt behaviour;

(c)              unethical behaviour or misconduct;

(d)              illegal accounting or auditing practices;

(e)              non-compliance with a legal obligation;

(f)               theft, violence or any other form of serious illegal conduct;

(g)              money laundering;

(h)              conduct that endangers the health and safety or causing damage to the environment; or

(i)               the concealment of wrongdoing.

In general, Reportable Conduct does not include “personal work-related grievances” that do not concern Victimisation (which involves detriment caused to, or a threat made to, a discloser). In this regard, “personal work-related grievances” include grievances which:

(a)              relate to a person’s current or former employment, and have (or tend to have) implications for the Discloser personally;

(b)              do not have significant implications for Zarraffa’s; and

(c)              do not concern conduct, or alleged conduct, referred to as Reportable Conduct above.

We encourage everyone to speak up about concerns. However, if your concern relates solely to a personal work-related grievance, it is unlikely to qualify for protection under the law or be covered by this Policy.

“Personal work-related grievances” relate to an individual’s current or former employment arrangements, performance, remuneration outcomes or personal circumstances that do not have significant implications (for example an interpersonal conflict between Employees or a decision about an Employee’s employment that does not breach workplace laws).

Zarraffa’s may, from time to time, have a dedicated process in place to handle personal work-place grievances.

5.3 Who can receive a Disclosure?

Zarraffa’s has implemented several channels for making a Disclosure if a Whistleblower becomes aware of any issue or behaviour that is reasonably believed to be Reportable Conduct.

A Whistleblower may disclose information of Reportable Conduct either:

(a)              (internally)  to any of the following persons within Zarraffa’s (either in person or via email or phone to the person’s primary email address or phone number):

(i)               an Officer (which may include a member of the executive team) (with the exception of any legal practitioner who is an Employee of Zarraffa’s, to whom Disclosures should not be made);

(ii)              an auditor or member of an audit team conducting an audit of Zarraffa’s;

(iii)             an actuary; or

(iv)             any of the following Disclosure Officers:

(A)             Marnie Sheldon – Chief Executive Officer – marnie@zarraffas.com

(B)            Dale Rachow – Senior Financial Controller – dale.rachow@zarraffas.com

(C)             Stephen Formosa – Chief Technology Officer – stephen.formosa@zarraffas.com

(D)             Luke West – People & Culture General Manager – luke.west@zarraffas.com

Zarraffa’s may nominate other Disclosure Officers from time to time. 

Disclosures by Disclosers who are not Employees of Zarraffa’s should be made:

(i)               by post to PO Box 2089, Beenleigh QLD 4207 (marked to the attention of a Disclosure Officer); or

(ii)              via email to the Disclosure Officer’s email address as set out above or such other email address as advised from time to time; and

(b)              (externally)  to any of the following:

(i)               Australian Securities and Investments Commission (ASIC);

(ii)              Australian Prudential Regulation Authority (APRA);

(iii)             a Commonwealth authority prescribed by law; or

(iv)             a Legal Practitioner for the purpose of obtaining legal advice or legal representation. Any costs associated with engaging a Legal Practitioner are the sole responsibility of the Whistleblower.

If a Whistleblower makes a Disclosure relating to Reportable Conduct to an Eligible Recipient or External Recipient, the person may qualify for protection under the Act.

5.4 Whistle-blower Confidentiality

A Whistleblower can remain anonymous when reporting, however, this may at times have an impact on the ability to effectively investigate the concerns and otherwise support the Whistleblower.

A Whistleblower’s identity is not required to be disclosed to the Disclosure Officers and they can remain anonymous.

If a Whistleblower identifies themselves, then the Disclosure Officers must not disclose:

(a)              the identity of the Whistleblower; or

(b)              any information that might lead to the identification of the Whistleblower.

The Disclosure Officers are required to take reasonable steps to ensure that the identity of any person who has made Disclosures to them is kept confidential during the course of any investigation, including information that is likely to lead to the identification of the Whistleblower.

The Disclosure Officer is only permitted to disclose the identity of the Whistleblower where the Disclosure is:  

(a)              made to ASIC;

(b)              made to APRA;

(c)              made to a member of the Australian Federal Police (AFP);

(d)              made to a Legal Practitioner for the purpose of obtaining legal advice or representation;

(e)              the Disclosure is made to someone else with the consent of the Whistleblower; or

(f)               is required as prescribed by the Act.

Please note a Disclosure Officer and/or an Investigator may disclose information provided that it is reasonably necessary to investigate the Disclosure and they have taken reasonable steps to reduce any risks that the Whistleblower will be identified as a result of the disclosure. 

If a Whistleblower chooses to remain anonymous or uses a pseudonym, they are still entitled to protections under Australian law if they meet the criteria at law. Simply identified, the criteria includes:

(a)              being an Eligible Whistleblower;

(b)              the information disclosed is a disclosable matter; and

(c)              the Disclosure is made to an eligible recipient.

5.5 Investigation of Reportable Conduct

Zarraffa’s will investigate all matters reported under this Policy as soon as possible after a report is received by a Disclosure Officer or an Internal Recipient, but no later than the timeframes that are prescribed by the Act.

The Disclosure Officer and / or Internal Recipient may appoint an internal or external Investigator. If so, the identity of the Whistleblower may be disclosed to the appointed Investigator provided the Disclosure Officer or Internal Recipient has obtained written consent to do so from the Whistleblower or such disclosure is otherwise permitted by the Act.

The Investigator will determine whether sufficient information exists for the purpose of carrying out an investigation. If an investigation is being carried out, the Investigator and the Internal Recipient or Disclosure Officer (as applicable) will determine:

(a)              the nature and scope of investigation;

(b)              the individuals that will be involved in the investigation (including the involvement of external third party advisors);

(c)              the nature of any technical, financial or legal advice that may be required; and

(d)              the timeframe for the investigation (taking into consideration all relevant matters associated with the Whistleblower’s Disclosure).

Zarraffa’s and the Investigator may need active cooperation from the Whistleblower to successfully undertake the investigation process. Zarraffa’s may, if deemed appropriate by the Internal Recipient / Disclosure Officer and the Investigator, keep the Whistleblower updated with the status of the investigation.

It is the role of the Investigator to assess the complaint and report to the Disclosure Officer / Internal Recipient on the outcome of their investigation, including any recommended action. The Disclosure Officer / Internal Recipient will consider the recommendations and if appropriate, these will be implemented, subject to obtaining approval from necessary personnel at Zarraffa’s. Zarraffa’s will treat all Disclosures made under this Policy in a confidential, sensitive and secure manner. Zarraffa’s will establish and maintain (or direct its Employees to establish and maintain) a record of:

(a)              all reports of Reportable Conduct received;

(b)              the investigation process undertaken; and

(c)              any actions taken to resolve the matter.

5.6 Investigation Timeframes

Zarraffa’s will treat all Disclosures and matters raised with all due consideration to the seriousness of the matter and the parties involved. This is to ensure that a thorough investigation can be conducted to enable the best results for all involved.

Additionally, the timelines permitted for each investigation will vary based on the matter, acting reasonably. The Whistleblower who has made a Disclosure under this policy can request an update on the status of the investigation. These requests should be submitted in writing to the Disclosure Officer, who will, where applicable and suitable, provide timely updates.

5.7 How to make a Report

Before making any submission, Whistleblowers should thoroughly read this Policy to ensure that the conduct they intend to report falls within its scope. The following steps should then be taken:

(a)              determine the most appropriate Internal Recipient based on the circumstances of the Reportable Conduct. It is encouraged that a Whistleblower provides the Disclosure to a Disclosure Officer, as they are best placed to deal with the Disclosure. Where unsure, the Whistleblower is suggested to seek guidance from any of the Disclosure Officers; and

(b)              provide all relevant information and, where available, supporting documentation or valuable content related to the Reportable Conduct to the Internal Recipient. This should include anything in the Whistleblower’s possession that could substantiate the Disclosure. Ideally all evidence and content provided should be in writing (observing Whistleblower anonymity) to ensure Reportable Conduct disclosed is as accurate as reasonably possible.

A Public Interest Disclosure or Emergency Disclosure may be made to a Journalist or a parliamentarian in certain circumstances, including a Disclosure having previously been made to Zarraffa’s.

5.8 How to request Feedback or Updates

A Whistleblower may request feedback or updates at any stage after an appropriate time has passed. The specific timeframe will be confirmed and communicated to the Discloser upon making the Disclosure. Requests for feedback or updates can be made either in writing or verbally to the assigned Disclosure Officer.

A Disclosure Officer will, where appropriate, provide feedback and updates to the Whistleblower on status and outcomes within a Reasonable Timeframe or otherwise advised in writing. However, any feedback provided may be subject to limitations due to privacy considerations offered to the individuals implicated in the allegations. For example if the matter has been referred to AFP, then the details of the matter may not be appropriate to share and the update could be limited to “the matter has been referred to the AFP – Case number XXXX”.

5.9 Fair treatment

Zarraffa’s is committed to ensuring all Disclosers who are the subject of or mentioned in a Disclosure are treated as fairly as possible. The Investigator will treat each disclosure with diligence by taking into account all relevant information, facts and evidence without bias before making a conclusion or decision. The Investigator will also ensure that is appropriate, the Disclosers mentioned in a Disclosure are given an opportunity to respond to any allegation and share their perspective.

However, it should be acknowledged that if an Employee is found to have engaged in wrongdoing, disciplinary action may be initiated. Where deemed appropriate, the matter may also be escalated to the relevant authorities for further action.

5.10 How Zarraffa’s will protect a Whistle-blower

(a)              Identity except where permitted by the Act: upon receiving a Disclosure in line with this Policy, Zarraffa’s will not, nor will any involved party, disclose any particulars of the Disclosure or matters that would suggest or infer the identity of the Whistleblower, unless permitted under the terms of this Policy or as otherwise allowed by law.

(b)              Protection from detriment: Zarraffa’s will not tolerate any Detrimental Conduct or Victimisation of a Discloser as a result of making a Disclosure under this Policy. If a Whistleblower experiences or witnesses any such conduct, they are urged to report it immediately to the Internal Recipient.

To the extent possible, Zarraffa’s will take all reasonable steps to:

(i)               prevent a person (e.g. Officer, Employee or third party) from engaging in Detrimental Conduct, or threatening to engage in Detrimental Conduct; and

(ii)              ensure that a person (e.g. Officer, Employee or third party) does not engage in or threaten to engage in Detrimental Conduct, towards a Whistleblower based on the belief or suspicion that the Whistleblower has made, intends to make, proposes to make, or could make a Disclosure.

Zarraffa’s will make every reasonable effort to apply these protective measures not only to its Employees but also to Disclosers who are not employees, as long as it is within the company's ability to do so.

It is important to understand that if a Whistleblower is found to be part of the misconduct they are reporting, being a Whistleblower will not shield them from facing the consequences of their own actions. While Zarraffa’s encourages reporting wrongdoing, it also holds all individuals accountable for their own misconduct.

(c)              Support: If a Disclosure is made in accordance with this Policy and the subsequent investigation confirms that there was no wrongdoing by Zarraffa’s or its Officer or Employee, the Whistleblower will be protected from any form of Victimisation or action by Zarraffa’s. In this regard, if a Whistleblower reports something and, after investigation, it is found that no wrongdoing occurred, Zarraffa’s will still protect the Whistleblower from being treated unfairly for making the Disclosure.

If a Whistleblower who has made a Disclosure suffers less favourable treatment than any other person because of the Disclosure, then the Employee treating the Whistleblower inappropriately may be subject to disciplinary action.

Malicious, vexatious or dishonest claims and / or statements from either the Whistleblower or those involved (that are substantiated) will be treated as serious misconduct and be subject to disciplinary processes up to and including termination.

(d)              Legislative Protection: A Whistleblower’s rights are also be protected at law. The legal protections a Whistleblower may receive when the relevant requirements are met may include, but are not limited to:

(i)               the Whistleblower’s identity will be kept confidential, unless the person provides their consent or any other exceptions apply;

(ii)              the Whistleblower will not be subject to any civil, criminal or administrative liability (including disciplinary action) for making the Disclosure;

no contractual or other remedy may be enforced, and no contractual or other remedy may be exercised against the Whistleblower on the basis of the Disclosure;

(i)               the information disclosed will not be admissible evidence against the Whistleblower in criminal proceedings, or proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information;

(ii)              the Whistleblower will not be required to disclose their identity, or information that is likely to lead to their identification, to a court or tribunal, unless it is necessary to do so under the Act or if the court or tribunal thinks it is necessary in the interests of justice;

(iii)             the Whistleblower will not be required to produce to a court or tribunal a document containing their identity or information that is likely to lead to their identification, unless it is necessary to do so under the Act or if the court or tribunal thinks it is necessary in the interests of justice;

(iv)             protections from Victimisation that causes a detriment to the Whistleblower because of a belief or suspicion that the Whistleblower or any other person, may have made, proposes to make or could make a Disclosure. This also applies to protection from threats to cause detriment because the person makes, or may make, a Disclosure; and

(v)              the Whistleblower may seek compensation from a court for loss, damage or injury as a result of Detrimental Conduct.

5.11 Disciplinary action

(a)              This Policy contains instructions and directions that Disclosers must comply with.

(b)          In the event that Zarraffa’s discovers a breach of this Policy by an Employee, that Employee may be subject to disciplinary action up to and including the termination of their employment or engagement.  

6. Definitions

(a)              Act means the Corporations Act 2001 (Cth), as in force and as amended and/or varied from time to time and includes any similar legislation which may apply.

(b)              Detrimental Conduct means any conduct that causes determinant to a Whistleblower. ‘Detrimental Conduct’ includes dismissal, demotion, harassment, discrimination, injury of an Employee in their employment, or any other damage to any person connected with making a Disclosure.

(c)              Discloser means an Employee, Supplier, employees of a Supplier (paid or unpaid), Officer and associate of Zarraffa’s.

(d)              Disclosure means a disclosure of information about Reportable Conduct, from a Whistleblower to a Disclosure Officer about Zarraffa’s.

(e)              Disclosure Officer means a person/s who is listed in item 5.3(a)(iv) of this Policy (as amended/nominated from time to time) who has been authorised to receive information of Reportable Conduct and is bound by the confidentiality associated with the position as required by the Act.

(f)               Eligible Recipient means a persons, entities or bodies who are listed in item 5.3 of this Policy, as amended by Zarraffa’s or nominated by relevant legislation from time to time.

(g)              Emergency Disclosure has the same meaning as in the Act, as amended from time to time. At the Approved Date of this Policy “Emergency Disclosure” means:

(i)               the Whistleblower or discloser has previously made a Disclosure of the information that qualifies for protection; and

(ii)              the Whistleblower has reasonable grounds to believe that the information concerns a substantial and imminent danger to the health and safety of one (1) or more persons or to the natural environment; and

(iii)             the Whistleblower has provided the Eligible Recipient notice in writing that they are planning to make a Disclosure as an emergency and includes sufficient information to make reference to the original Disclosure; and

(iv)             the Disclosure is made to a relevant authority (being a member of Parliament) or a Journalist, where the extent of the information is no greater than necessary to inform them of the substantial and imminent danger. 

(h)              Employee means any person(s) directly employed by Zarraffa’s.

(i)               External Recipient means bodies listed in item 5.3(b) of this Policy or nominated by relevant legislation from time to time.

(j)               Family Member means a relative, dependant or spouse of a Discloser as nominated by the Act from time to time.

(k)              Internal Recipient means a person who is listed in item 5.3(a) of this Policy or nominated by the Act from time to time.

(l)               Investigator means any person appointed by a Disclosure Officer or Internal Recipient to investigate a Disclosure.

(m)            Journalist means a person working in a professional capacity as a journalist for a newspaper, magazine, radio or television broadcasting service, or an electronic service that is operated on a commercial basis (e.g. news websites). For clarity, disclosures posted on Social Media or information provided to self-defined journalists (such as bloggers) are not protected by this Policy.

(n)              Legal Practitioner means a person who has been admitted to the legal profession by a recognised governing body and holds a current practising certificate.

(o)              Officer has the same meaning as given in the Act from time to time.

(p)              Policy means this ‘Whistleblower Protection Policy’, as amended from time to time at Zarraffa’s absolute discretion.

(q)              Prescribed Legislation means the legislation as directed in Section 1317AA(5)(c) of the Act.

(r)               Public Interest Disclosure has the same meaning as in the Act, as amended from time to time. At the Approved Date of this Policy “Public Interest Disclosure” means:

(i)               the Whistleblower or discloser has previously made a Disclosure of the information that qualifies for protection; and

(ii)              at least 90 days have passed since the original Disclosure; and

(iii)             the Whistleblower reasonably believes:

(iv)             no action is being taken to address the original Disclosure; and 

(v)              making a further disclosure of information would be in the public interest; and

(vi)             the Whistleblower has provided the Eligible Recipient notice in writing that they are planning to make a public interest disclosure and includes sufficient information to make reference to the original Disclosure; and

(vii)             the Disclosure is made to a relevant authority (being a member of Parliament) or a Journalist, where the extent of the information is no greater that necessary to inform them of the state of affairs or circumstances.

(s)              Reasonable Timeframe means the amount of time between first disclosure of Reportable Conduct and the maximum response time as prescribed by the relevant legislation.

(t)               Reportable Conduct means any conduct as described in item 5.1 of this Policy or as otherwise described in the Act from time to time.

(u)              Supplier means a person or organisation engaged for the provision of goods and/or services directly to Zarraffa’s.

(v)              Victimisation means where a person engages in conduct that may cause threat or detriment to any other person in belief or suspicion that a person has made, may make, proposes to make or could make a Disclosure. Detriment may include any and all items that may be considered Workplace Bullying and Harassment as defined by Zarraffa’s internal policies and relevant legislation. This includes causing harm or injury to a person (including psychological harm), damage to a person’s property or reputation, intimidation or harassment, discrimination, disadvantage or adverse treatment in relation to a person’s employment or threats to the same effect.

(w)             Whistleblower means a Discloser and their relatives, spouse and dependants (and has the same meaning as an “Eligible Whistleblower” as identified in the Act).

(x)              Zarraffa’s means Zarraffa’s Coffee Group Pty Ltd ACN 608 519 375 and its ‘subsidiaries’ (as that term is defined and used in the Act).

1. Definitions

2. General

3. Accepting the Gift Card and agreeing to these Terms of Use

4. Purchasing a Gift Card

5. Transactions made with the Gift Card

6. No Recharging of the Gift Card

7. Gift Card Responsibility

8. Errors and Complaints

9. Force majeure

10. Applicable Law

11. Privacy

1. Definitions

App means the Zarraffa’s Coffee mobile application approved for use on iOS and Android from time to time;
Card Number means the – five (5) or six (6) digit number immediately following the word ‘GIFT’ that appears on the back of your physical Gift Card or as appearing in the electronic Gift Card in the App;
Date of Issue means the date that the Gift Card is recorded as activated in our computer system, in accordance with clause 4(c);
Dollar or $ means Australian dollars;
Eligible Transaction means any sale transaction for any items sold in each Zarraffa’s Coffee Store, including any part-payment (i.e. with Zarraffa’s Z$®, cash or other means) but excludes the purchase of Gift Cards;
Gift Card means the physical or electronic (through the App) Gift Card that you have purchased or received as issued by us containing a unique Card Number that is loaded with pre-paid credit that can be utilised at any Zarraffa’s Coffee Store;
Remaining Card Value means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent and can be accessed by using the Gift Card in accordance with these Terms of Use;
Zarraffa’s means Zarraffa’s Franchising Pty Ltd ACN 093 874 250 of 124 Distillery Road, Eagleby QLD 4207;
Zarraffa’s Coffee Store means any Zarraffa’s Coffee store, whether it be an authorised franchisee or corporately owned store who have agreed to participate in the sale and redemption of Gift Cards from time to time (a full list of participating stores from time to time can be found at www.zarraffas.com/our-stores);
Zarraffa’s Privacy Policy means the privacy policy of Zarraffa’s found at www.zarraffas.com/privacy-policy or by calling Zarraffa’s on (07) 5500 0800;
A reference to we, us, our is a reference to Zarraffa’s; and
A reference to you or your is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use.

2. General

This document contains the full set of terms of use governing your use of the Gift Card. Please read this document carefully before using the Gift Card. If you do not understand these Terms of Use or if you have any questions, please call Zarraffa’s on (07) 5500 0800.

3. Accepting the Gift Card and agreeing to these Terms of Use

By purchasing, redeeming or attempting to redeem a Gift Card, you:
(a) accept and agree to be bound by these Terms of Use; and
(b) acknowledge that you have read and understood the Zarraffa’s Privacy Policy.

4. Purchasing a Gift Card

(a)  You may purchase a Gift Card:

(i)  in-store at any Zarraffa’s Coffee Store; or
(ii) through the App.

(b) At the time of purchasing a Gift Card in-store you must elect a Dollar amount (not exceeding $200.00), that you wish to load onto the Gift Card and pay that amount as nominated by you to the Zarraffa’s Coffee Store.
(c) At the time of purchasing a Gift Card through the App you must elect a Dollar amount (as pre-determined by us from time to time), that you wish to load onto the Gift Card and pay that amount through the App.
(d) The Gift Card will be activated at the time of purchase, however, there may be a delay between when you pay for a Gift Card and when the Gift Card is activated ready for use in our point of sale system (‘Delay Period’). During this Delay Period, the Gift Card cannot be used for an Eligible Transaction.
(e) The Gift Card will only ever be worth the Remaining Card Value.
(f) We and/or any Zarraffa’s Coffee Store, may in their absolute discretion, refuse to sell a Gift Card to any person at any time for any reason.

5. Transactions made with the Gift Card

5.1 How and where you can use the Gift Card
(a) Your Gift Card may only be used at Zarraffa’s Coffee Stores.
(b) Each Zarraffa’s Coffee Store will accept the Gift Card in accordance with these Terms of Use and any applicable law. You acknowledge that the Gift Card may not be used for purchases over the internet (except as allowed in the App) or by email, phone or fax.

5.2 Purchases with your Gift Card
(a) Your Gift Card can be used to make any Eligible Transaction at a participating Zarraffa’s Coffee Store. The Eligible Transaction will be completed when the balance has reduced on your Gift Card. You agree that we can reduce the Remaining Card Value by the value of all purchases of goods and services that are made by you with the Gift Card.
(b) No change will be given and any Remaining Card Value can only be used in whole or part against future Eligible Transaction purchases and is not redeemable or exchangeable.
(c) Transactions are authorised by you:

(i)  handing over/swiping your Gift Card (or some other way approved by that Zarraffa’s Coffee Store) at a Zarraffa’s Coffee Store; or
(ii) causing your Gift Card to be authorised as the payment method through the App in line with the requirements of the App and the Zarraffa’s Coffee Store,
when making an Eligible Transaction.

5.3 Eligible Transactions
When you authorise an Eligible Transaction:
(a) you are confirming that the Eligible Transaction correctly represents the purchase price of the goods obtained; and
(b) you are agreeing to pay the amount of that transaction by the reduction of the Remaining Card Value.

5.4 Purchases exceeding the Gift Card value
Your Gift Card may only be used to make purchases up to the Remaining Card Value. If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using another payment method.

5.5 Gift Card not legal tender
(a) Gift Cards cannot be redeemed for cash, cannot be used for cash equivalent transactions (such as bill payments, cash advance, redeem for cash, purchase of financial products or foreign currency, or gambling transaction), reloaded, returned for a refund, have their balances consolidated to a new Gift Card, or be replaced after expiry. We may in our sole discretion elect to cancel a Gift Card or block such a transaction if you attempt to do so.
(b) Gift Cards are not legal tender, account cards, credit or debit cards or securities.
(c) You cannot exchange your Gift Card for a different denomination or type of Gift Card or for another tender, cash or discount.
(d) You are not entitled to cancel your Gift Card.

5.6 Validity and expiry of Gift Cards
Your Gift Card will be valid for use for 36 months from the Date of Issue (or as otherwise extended by us in our sole determination and discretion, or by applicable law). Any Remaining Card Value that remains on a Gift Card following 36 months from the Date of Issue will no longer be valid and all transactions will be declined. Any Remaining Card Value will not be refunded and will become our property.

5.7 Re-issue of faulty or damaged Gift Cards
Re-issue of faulty or damaged Gift Cards is not available unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Zarraffa’s, a Zarraffa’s Coffee Store or their authorised agents.

5.8 Destruction of Gift Card with no value
Once the Remaining Card Value is completely used or no longer valid in accordance with clause 5.6, destroy your card by cutting it in half diagonally. Your Gift Card cannot be recharged.

6. No Recharging of the Gift Card

(a) Once a Gift Card has been purchased, no additional credit or value can be added to it.
(b) Once your Gift Card has reached a ‘nil’ balance, it cannot be re-activated.

6.2 Treatment of Gift Cards
Keep your Gift Card secure and treat it as you treat cash. Anyone holding the Gift Card can use its value to make purchases in accordance with these Terms of Use. Lost or stolen Gift Cards will not be replaced or refunded.

6.3 Lost or stolen Gift Cards
We reserve the right to place a stop on your Gift Card if:
(a) you report that your Gift Card has been lost, stolen or damaged; or
(b) we believe, or reasonably suspect, that you have used (or will use) your Gift Card contrary to these Terms of Use.

7. Gift Card Responsibility

You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees. The presentation of a Gift Card at any Zarraffa’s Coffee Store for any Eligible Transaction will be taken as complete evidence that the bearer is entitled to use same. No further or additional checks are required to be undertaken by Zarraffa’s and/or the operator of any Zarraffa’s Coffee Store.
(a) Changes to Terms Of Use
(b) We may cancel any Gift Card, or the gift card scheme, for any reason at any time without notice to you. If so, we may either provide a refund or a replacement gift card of equivalent value, unless we reasonably suspect fraud in relation to a Gift Card. The Gift Card at all times remains our property.
(c) We reserve the right to change any of the terms contained in these Terms of Use at any time where the change is required:
(i) to change any pre-determined or maximum amount under clause 4(b);
(ii)  to add or remove Zarraffa’s Coffee Stores where the Gift Card may be redeemed;
(iii)   to add or remove goods which may be purchased with the Gift Card;
(iv)  for infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
(v) to comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
(vi)  where we, acting reasonably, consider that it will not be to your detriment.
(d) Changes to these Terms of Use will be available by visiting the Zarraffa’s website at www.zarraffas.com/giftcards or by emailing admin@zarraffas.com.

8. Errors and Complaints

8.1 Gift Cards
If you have reason to believe that an error has occurred in relation to your Gift Card, you should contact Zarraffa’s in writing by:
(a) email to admin@zarraffas.com; or
(b) post to Zarraffa’s Coffee Administration, PO Box 2089, Beenleigh QLD 4207.

8.2 Goods or services
Any complaints about goods or services purchased with a Gift Card must be resolved directly with the store concerned.

9. Force majeure

To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.

10. Applicable Law

These Terms of Use are to be construed and enforced in accordance with the laws of Queensland, Australia. Any dispute arising from your receipt or use of a Gift Card is subject to the non-exclusive jurisdiction of the courts of Queensland, Australia (including the Federal Court of Australia, Queensland Registry).

11. Privacy

Zarraffa’s is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) and by purchasing a Gift Card and/or using the Gift Card, you are taken to consent to Zarraffa’s Privacy Policy which contains information, amongst other things, about how your personal information (if any) is handled and how you may access personal information that is held by Zarraffa’s about you and seek correction of such information.