Corporate Policies

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

(“Zarraffa’s”)

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.kiwandacafe.com;

(c) www.zarraffasroastery.com;

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

(e) 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.

1. Introduction

This Policy sets out how Zarraffa’s Coffee collects, handles and uses information about you.

We reserve the right to update this Policy at any time without notice.

2. Purpose

The purpose of this Policy is to set out:

(a) the types of information that Zarraffa’s Coffee may collect;

(b) how that information will be collected, used, handled, stored and disclosed (including international disclosures);

(c) the reasons for which Zarraffa’s Coffee collects, holds, uses and/or discloses the personal information;

(d) how you can access your Personal Information and request for that information to be corrected; and

(e) how you can make a complain.

3. Application

(a) This Policy applies to information that Zarraffa’s Coffee collects (or may collect) about you.

(b) This 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). Zarraffa’s Coffee does not have any control over the privacy practices of any third party. Any information you provide via the platforms of third parties (including via social media platforms) will be managed by the terms and condition of that platform provider.

(c) This Policy does not cover any information collected by a Franchisee.

4. Definitions

In this Policy, unless contrary to or inconsistent with the context:

(a) Area Developers means a developer of ZAD Pty Ltd.

(b) Franchisee means a franchisee of Zarraffa’s Franchising Pty Ltd ACN 093 874 250 authorised to operate a Zarraffa’s Coffee retail outlet from time to time.

(c) Organisation means a natural person, a body corporate, a partnership, any other unincorporated association, or a trust, that is not a small business operator, a registered political party, an agency, a State, Territory or national authority or a prescribed instrumentality of a State, Territory or Nation.

(d) Personal Information means information or an opinion about an identified natural person or a natural person who is reasonably identifiable, whether the information or opinion is:

(i) true or not; and
(ii) recorded in a material form or not

(e) Privacy Officer means the Privacy Officer of Zarraffa’s Coffee, as appointed from time to time or a position of a similar nature.

(f) You includes any of the following:

(i) any individual visiting the Zarraffa’s Coffee website;
(ii) Franchisees or prospective franchisees;
(iii) Organisation;
(iv) customers of Zarraffa’s Coffee;
(v) customers of Franchisees;
(vi) suppliers or contractors (whether current, previous or prospective) of Zarraffa’s Coffee. This includes the employees of such suppliers and contractors; or
(vii) employees of Zarraffa’s Coffee.

(g) Zarraffa’s Coffee, we and us means Zarraffa’s Coffee Group Pty Ltd ACN 608 519 375 and/or any of its “subsidiaries”, as the context requires. The term “subsidiaries” has the same meaning as in the Corporations Act 2001 (Cth)).

5. Legislative Framework

Privacy Act 1988 (Cth) which includes the Australian Privacy Principles set out therein, as substituted, amended, replaced or varied from time to time.

6. Policy

6.1 How, what and why we collect your information

Zarraffa’s Coffee collects information about you (including, but not limited to, that information set out in the table below) that:

(a) you give us directly (for example information we receive from you directly when you create an account, join our loyalty programs, download or use our mobile application, enter competitions or promotions, register or subscribe to our electronic newsletter, apply to become associated with us (including by seeking employment with us), submit an online form on our website, make enquiries or discuss opportunities of franchise or becoming a contractor or supplier, follow our social media accounts or when you communicate with us by email or through social media);

(b) we receive from other sources (for example information we receive from our Franchisees, Area Developers, business partners, sub-contractors in technical and delivery services, advertising networks, analytics providers, search information providers); and

(c) we collect about you and your device (for example technical information, including the IP address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, type of device. This includes when you use mobile applications (if any) developed by Zarraffa’s Coffee or logon to wireless facilities provided in a Zarraffa’s Coffee store).

In some situations, you will have the option to deal with Zarraffa’s Coffee anonymously or through a pseudonym, however, where you are requesting products or services from us, it may become impracticable to provide those products or services to you without verifying your identity. Where you fail to provide us information or where the information provided is incomplete and/or inaccurate, or you choose not to provide us with the information that we have requested, it may affect our ability to provide you with our products and services.

In the event that we receive identifiable information from a third party, we will take reasonable steps to ensure that you have given express or implied consent to the collection of that information. If it is determined that we are unable to have possession of the information under a relevant law, we will destroy the information or ensure that the information is de-identified.

6.2 Do Not Track settings

For some (but not all) services operated by Zarraffa’s Coffee, the Do Not Track browser or mobile application setting is accepted (which can be adjusted in your browser). Zarraffa’s Coffee does not currently respond to all Do Not Track signals. Zarraffa’s Coffee continues to review new technologies and may adopt applicable standard on such matters.

6.3 Storing your information

Zarraffa’s Coffee is a growing and mobile business. In order to offer a consistent service to you we may store and manage data electronically or in paper form. Where data is stored electronically, it is done so by a third party cloud service provider that may store your information or a backup of your information in Australia, New Zealand, the United States of America, Germany, Ireland, Luxembourg, Singapore or such other locations that the third party cloud service provider determines from time to time. The data that we collect from you may be transferred to, and stored to these servers or processed by Organisations operating in other countries, who work for or are otherwise engaged by Zarraffa’s Coffee or for one of our suppliers.

We will take all steps reasonably necessary to ensure that your information is secured from misuse, interference, loss, unauthorised access, unauthorised modification or unauthorised disclosure. Any information will be handled in accordance with this Policy and applicable privacy laws. Despite using all steps reasonably necessary, the transmission of information through the internet is not completely secure.

Submission of any information to Zarraffa’s Coffee is an acknowledgement that you agree to such use, storage and disclosure and the risk (if any) associated thereto.

6.4 Disclosing your information

Zarraffa’s Coffee may share your information with:

(a)    any of its ‘associates’ (as that term is defined in section 50AAA of the Corporations Act 2001 (Cth));

(b)   third parties including our Franchisees, Area Developers, business partners, suppliers and subcontractors. This includes sharing the information with suppliers of IT based solutions and data hosting providers;

(c)    any prospective buyer of any part of the Zarraffa’s Coffee business or asset and to their legal and accounting advisors or representatives;  

(d)    general public in instances of announcing the winner of a competition, including via website or social media account;

(e) with third parties:

(i)               when you have expressly approved the disclosure;

(ii)              where your consent to disclosure can be reasonably inferred in the circumstances; and/or

(f) any other party where we are required to disclose your information in order to comply with any legal obligation, or in order to enforce any agreements; or to protect the rights, property, or safety of Zarraffa’s Coffee and its customers, or others. This includes, where relevant, exchanging information with Organisations for the purposes of fraud protection and credit risk reduction.

6.5 Accessing and correcting your information

(a)    You may request access to Personal Information that we hold about you at any time by contacting our Privacy Officer using the details set out in this Policy. We will respond to any such request for access to Personal Information within a reasonable timeframe and we will provide you access to the Personal Information that we hold pertaining to you, unless we are authorised or otherwise permitted by law not to do so. If we refuse your request to give access, then we will give you our comments in writing, outlining:

(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

(b)    We may charge you a reasonable fee for processing your request to access your Personal Information.

(c)   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, please notify our Privacy Officer using the details set out in this Policy.

(d)   If we decline to correct your Personal Information as requested by you, a reason for refusal will be provided except to the extent that it is unreasonable to do so. In the event that we decline the request to correct Personal Information, you may request to associate a statement with your Personal Information.

6.6 Complaints

Should you believe that we have not fulfilled our obligations under any relevant privacy law or have not complied with the terms of this Policy or would like to appeal a decision made by us in relation to your Personal Information, you can make a complaint in writing to our Privacy Officer using the contact details set out in this Policy.

We will respond to you within a reasonable period of time (or where a period is specified by any law, that period) to acknowledge your complaint and inform you of the next steps we will take in dealing with your complaint..

If after getting our response you are still not satisfied that your complaint has been resolved or adequately dealt with, 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

6.7 Zarraffa’s Coffee stores and regions privacy policies

Many “Zarraffa’s Coffee” retail outlets are operated by independent third parties. If you are concerned that there may have been a breach by an independent third party related with Zarraffa’s Coffee, please contact the relevant entity or store directly. Alternatively, you may contact the Privacy Officer at the details set out in this Policy.

6.8 Contact us

If you have any comments, concerns or questions regarding this Policy or Personal Information that Zarraffa’s Coffee holds about you, please contact our Privacy Officer by email to privacy@zarraffas.com or by post at:

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

© 2023 Intellectual Plus Pty Ltd. All Rights Reserved. Privacy Policy last updated July 2021

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 is committed to displaying the highest standards of conduct and ethics behind all of its business activities. Zarraffa’s promotes and supports a culture of honesty and integrity and partners this with its corporate compliance and corporate governance.

Zarraffa’s encourages the reporting of any instances of suspected misconduct or an improper state of affairs, which involves Zarraffa’s or its Employees. This policy has been designed to protect Workers 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.

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.

3. Application

This policy is applicable to currently engaged and former Workers of Zarraffa’s.

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.

Zarraffa’s may take disciplinary action, up to and including termination of employment or engagement (as applicable), for any breach of this policy by a Worker.

4. Definitions

Act means the Corporations Act 2001 (Cth), as amended and/or varied or other such similar legislation which may apply from to time.

Detrimental Conduct means any conduct that causes determinant to a Worker. For the avoidance of doubt ‘detrimental conduct’ includes, but is not limited to, dismissal, demotion, harassment, discrimination, injury of an Employee in their employment, or any other damage to any person connected with making a Disclosure.

Disclosure means a disclosure of information about Reportable Conduct, from a Whistle-blower to a Disclosure Officer about Zarraffa’s.

Disclosure Officer means a person/s who is listed in item 7.2(a)(v) 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.

Eligible Recipient means a persons, entities or bodies who are listed in item 7.2 of this policy, as amended by Zarraffa’s or nominated by relevant legislation from time to time.

Emergency Disclosure has the same meaning as in the Act, as amended from time to time. At the time of drafting this policy “Emergency Disclosure” means:

(a) the Whistle-blower or discloser has previously made a Disclosure of the information that qualifies for protection; and

(b) the Whistle-blower 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

(c) the Whistle-blower 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

(d) 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.

Employee means any person/s directly employed by Zarraffa’s.

External Recipient means a person/s who is listed in item 7.2(b) of this policy or nominated by relevant legislation from time to time.

Family Member means a relative, dependant or spouse of a Whistle-blower as nominated by the relevant legislation from time to time.

Internal Recipient means a person who is listed in item 7.2(a) of this policy or nominated by the relevant legislation from time to time.

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

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.

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

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

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

Public Interest Disclosure has the same meaning as in the Act, as amended from time to time. At the time of drafting this policy “Public Interest Disclosure” means:

(a) the Whistle-blower or discloser has previously made a Disclosure of the information that qualifies for protection; and

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

(c) the Whistle-blower reasonably believes:

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

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

(d) the Whistle-blower 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

(e) 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.

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

Reportable Conduct means any conduct as described in item 7.1 of this policy or as otherwise described in the Act from time to time.

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

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, but is not limited to, 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.

Whistle-blower has the same meaning as “Eligible Whistleblower” as in the Act.

Worker means an Employee, Supplier, employees of a Supplier (paid or unpaid), Officer and associate of Zarraffa’s, and their Family Members.

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

5. Legislative Framework

(a) The Act; and

(b) Taxation Administration Act 1953 (Cth),

as amended from time to time.

6. Policy

6.1 Availability

Zarraffa’s will ensure that this policy is published on the 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.

7. Disclosures Protected Under the Act

7.1 What can be disclosed?

A Worker may report a matter/s under this policy if they have reasonable grounds to suspect that the information concerns misconduct or an improper state of affairs, or circumstances, in relation to Zarraffa’s. 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 or corrupt activity, 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).

Reportable Conduct generally does not include “personal work-related grievances” that do not concern Victimisation (which involves detriment caused to, or a threat made to, a discloser). To clarify, “personal work-related grievances” are grievances that:

(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.

For example, a decision relating to the engagement or promotion of an Employee may be considered a personal work-related grievance.

7.2 Who can receive a Disclosure?

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

A Whistle-blower 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 or senior manager;

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

(iii) an actuary;

(iv) any of the following Disclosure Officers:

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

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

(C)             Executive Assistant – Luke West – luke.west@zarraffas.com; or

(D)             any other person nominated by Zarraffa’s from time to time.

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

(i) by post to c/- T3, 124 Distillery Road, EAGLEBY, QLD, 4207 (marked to the attention of a Disclosure Officer); or

(ii) via email to the Disclosure Officer’s email address as set out in item 2(a)(v) or such other email address as advised from time to time.

(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 solely the responsibility of the Whistle-blower.

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

7.3 Whistle-blower Confidentiality

A Whistle-blower’s identity is not required to be disclosed to the Disclosure Officers and can remain anonymous.

If a Whistle-blower identifies themselves, then the Disclosure Officers must not disclose:

(a) the identity of the Whistle-blower; or

(b) any information that might lead to the identification of the Whistle-blower.

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 Whistle-blower.

The Disclosure Officer is only permitted to disclose the identity of the Whistle-blower 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 Whistle-blower; 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 Whistle-blower will be identified as a result of the disclosure.

7.4 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 prescribed by the Act.

The Disclosure Officer and / or Internal Recipient may appoint a person/s to assist in the investigation (being the Investigator). The identity of the Whistle-blower may be disclosed to the appointed Investigator provided the Disclosure Officer or Internal Recipient have sought written consent to do so from the Whistle-blower or is otherwise permitted by the Act.

To facilitate the investigation process (including investigations involving allegations of Reportable Conduct), the Investigator should, at a minimum, be provided with the following information:

(a) the date the Whistle-Blower made the report;

(b) the details of the Reportable Conduct (including the date, individuals involved and the nature of the incident and alleged misconduct); and

(c) the identity of the person(s) who is the subject of the alleged Reportable Conduct.

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 Whistle-Blower’s Disclosure).

Zarraffa’s and the Investigator may need active cooperation from the Whistle-Blower to successfully undertake the investigation process. Zarraffa’s may, if deemed appropriate by the Internal Recipient / Disclosure Officer and the Investigator, keep the Whistle-blower 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.

7.5 Investigation Timeframes

Zarraffa’s will treat all Disclosures and matters raised with all due consideration to the gravity 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.

Further to the above, the timelines permitted for each investigation will vary based on the matter, acting reasonably. The Worker who has made a Disclosure under this policy can request an update on the status of the investigation in writing from the Disclosure Officer who will provide (where applicable) an update.

7.6 How to make a Report

The Whistle-blower is advised to read this policy in advance of making any submission to ensure the conduct being reported falls within the scope of this policy; then:

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

(b) provide all information, and if available, any supporting documentation or content of value relating to the Reportable Conduct that is in the Worker’s possession to the Internal Recipient.

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.

For clarity, the Worker is not required to seek further evidence than already or reasonably within their possession.

Ideally all evidence and content provided should be in writing (observing Whistle-blower anonymity) to ensure Reportable Conduct disclosed is as accurate as reasonably possible.

7.7 How to request Feedback or Updates

A Whistle-blower may request feedback or updates at any stage after an appropriate timeframe has lapsed. A confirmation of this timeframe can be provided to a Worker upon request when making a Disclosure. The Whistle-blower can make a request for feedback or update in writing or verbally to the same Disclosure Officer.

A Disclosure Officer will, where appropriate, provide feedback and updates to the Whistle-blower on status and outcomes within a reasonable time frame or otherwise advised in writing. However, any feedback provided may be subject to limitations due to privacy considerations offered to those whom the allegations are made (for example if the matter has been referred to AFP, then the details of the matter may not be appropriate to disclose above “the matter has been referred to the AFP – Case number XXXX”).

7.8 Fair treatment

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

It should be noted, however, that disciplinary action may be taken against an Employee found to have engaged in wrongdoing and where appropriate, may be referred to authorities.

7.9 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 Whistle-blower, 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 Worker as a result of making a Disclosure under this policy. In such circumstances, the Whistle-blower should inform the Disclosure Officer immediately.

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 Whistle-blower because the person believes or suspects that the Whistle-blower had made, may make, proposes to make or could make a Disclosure.

Where a person who is a Whistle-blower is implicated in wrongdoing, the person will not be protected from the consequences flowing from their involvement in the wrongdoing itself.

(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 Whistle-blower will be protected from any form of Victimisation or action by Zarraffa’s.

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

Malicious, vexatious or dishonest claims and / or statements from either the Whistle-blower/s or the implicated parties (that are substantiated) will be treated as serious misconduct and be subject to disciplinary processes up to and including termination.

(d) Legislative Protection: A Whistle-blower’s rights are also be protected under the Act. The protections a Whistle-blower may receive when the above requirements are met may include, but are not limited to:

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

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

(iii) no contractual or other remedy may be enforced, and no contractual or other remedy may be exercised, against the Whistle-blower on the basis of the Disclosure;

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

(v) the Whistle-blower 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;

(vi) the Whistle-blower 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;

(vii) protections from Victimisation that causes a detriment to the Whistle-blower because of a belief or suspicion that the Whistle-blower 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

(viii) the Whistle-blower may seek compensation from a court for loss, damage or injury as a result of Detrimental Conduct.

7.10 Disciplinary action

This policy contains instructions and directions that Workers must comply with.

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.

This policy is not intended to create contractually binding obligations upon Zarraffa’s, or to form part of any agreement or contract.

This policy (and any other Zarraffa’s policy or procedure) may be varied from time to time by Zarraffa’s in its discretion.

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.