PappaRich

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PAPPARICH APP TERMS OF USE

 

About the Application 

Welcome to the PappaRich Application (“App”).

  1. The App is operated by PappaRich Australia Pty Ltd ACN 152 082 052 (“PappaRich”, “we” or “us”). Please read these terms and conditions (“Terms”) carefully. By browsing and/or reading the App and/or providing your details and/or verifying your email account and/or using your PappaRich loyalty points and/or by downloading and/or using a compatible Application, you confirm that you have read, understood and agree to be bound by the Terms as a PappaRich Perks member(“Member”). If you do not agree with the Terms, you must cease usage of the App, or any of its Services, immediately.
  2. PappaRich reserves the right to change or revise any of the Terms by updating this page at its sole discretion at any time. When PappaRich updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. 
  3. Individuals accept the Terms by using or browsing the App. Individuals may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to them by PappaRich in the user interface. 
  4. These Terms and Conditions are to be read in conjunction with, and subject to, any additional terms and conditions governing any particular reward, promotion, discount or offer operated by PappaRich.

 

Registration to use the App 

  1. As part of the registration process, or as part of your continued use of the App, you may be required to provide personal information about yourself (such as identification or contact details), including: 
    • name 
    • address
    • date of birth
    • gender
    • e-mail
    • phone number
    • preferred user name
  2. You warrant that any information you give to PappaRich in the course of completing the registration process is at all times accurate, correct and up to date. 
  3. Once you have completed the registration process, you will be a registered member of the App ('Member') and agree to be bound by the Terms.
  4. Individuals under 18 years old must have parental/ guardian approval to register for this App and further, the parent/ guardian of the individual must read and consent to these Terms and Conditions.

 

Member Obligations

  1. You will use the App only for purposes that are permitted by: 
    • The Terms; and
    • Any applicable law, regulation or generally accepted practices or guidelines in the jurisdictions;
  2. You have the sole responsibility for protecting the confidentiality of your password and/ or email address. Use of your password by any other person may result in the immediate cessation of your right to use the App;
  3. A Member’s account may only be used by the Member in whose name the account is registered. Multiple individuals are not allowed to share one Member’s Points.
  4. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify PappaRich of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  5. Access and use of the App is limited, non-transferable and allows for the sole use by you for the purposes set out by PappaRich;
  6. You may not use the App:
    • for a commercial purpose
    • for any illegal and/or unauthorized use; and
    • you acknowledge and agree that any automated use of the App is prohibited.
  7. Employees are strictly prohibited from redeeming points accrued from customers’ transactions, such action will be regarded as a breach of employment contract and the PappaRich app Terms of Use

 

Points Collection and Items Redemptions

  1. You agree and acknowledge that PappaRich can introduce and/or vary a subscription fee to use the App at any time. 
  2. With your account set up, accumulate points for every dollar amount spent in all PappaRich outlets by scanning your Member QR code assigned to your account using the App when making your payment.
  3. Until otherwise advised by PappaRich, 10 points will be awarded to your account for 1 dollar spent where payment is made in a PappaRich restaurant in Australia. Points cannot be accumulated in conjunction with the use of any cash vouchers, discount coupons or other promotion. No points can be earned for discounted purchases.
  4. Your accrued points will be displayed on the App once logged in. You can redeem the accrued points to receive selected items from the PappaRich menu. Verified Members must have enough points to redeem against the set value of the item using points alone. 
  5. In the event that you are unable to scan or collect points owing or redeem items to a malfunction of the App or the restaurant point of sale system (i.e. server crash, scanner malfunction) you may still accumulate the un-registered points by sending a proof of purchase, tax invoice or receipt with a clear date together with the your member ID to appenquiries@papparich.net.auwithin 24 hours of the purchase.
  6. Members are unable to change their account or personal information in the App or in store or via email to PappaRich. To see what options are available to rectify the situation, please contact appenquiries@papparich.net.au.
  7. All rewards are available while stocks last. If any reward (or part of any reward) offered in conjunction with the usage of the App is unavailable, PappaRich in its discretion, reserves the right to substitute the reward (or part of the reward). 
  8. Points are not transferable, exchangeable or redeemable for cash. Points accrued in multiple accounts cannot be combined. 
  9. Full Points redemption is required to claim any reward. I.e. it is not possible to redeem a reward partly with cash and partly with Points.
  10. PappaRich reserves the right to refuse to scan in the App if we believe that the use is unauthorized, fraudulent or otherwise unlawful.
  11. PappaRich reserves the right to correct the balance of your PappaRich Loyalty points if we believe a clerical or accounting error or the misuse of the loyalty point system has occurred.
  12. PappaRich reserves the right, at any time, in its sole discretion, to verify the validity of members, registrations, verification of accounts, and points accrual and redemption (including a Member’s identity, age and email address) and reserves the right, in its sole discretion, to disqualify any Member who PappaRich has reason to believe has breached any of these Terms and Conditions, tampered with the registration, points accrual/redemption and/or account verification process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Perks. Errors and omissions may be accepted at PappaRich’s discretion. Failure by PappaRich to enforce any of its rights at any stage does not constitute a waiver of those rights. PappaRich’s legal rights to recover damages or other compensation from such an offender are reserved.
  13. If for any reason PappaRich Perks is inoperable (including but not limited to computer virus, bugs, tampering, unauthorized intervention, fraud, and technical failures), PappaRich reserves the right in its sole discretion to disqualify any individual who tampers with PappaRich systems, and to cancel, terminate, modify or suspend the Perks. This includes causes beyond the control of PappaRich which corrupts or affects the administration security, fairness, integrity or proper conduct of this Perks.
  14. This App is available to handheld mobile devices running Apple iOS Operating Systems and/or Android OS. PappaRich will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our control (e.g. server crash, internet outage)
  15. PappaRich will not be held liable for any communication to any Member that is late, lost or misdirected for any reason, including but not limited to, problems or technical malfunction of any telephone network or line, equipment, server or provider, software, technical problem or traffic congestion on the Internet or other system configuration problems.
  16. PappaRich’s decision in relation to all matters arising under this Perks is final and binding, and no correspondence will be entered into.

 

Copyright and Intellectual Property 

  1. TheApp and all of the related products of PappaRich are subject to copyright. The material on the App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by PappaRich. 
  2. All trademarks, service marks and trade names are owned, registered and/or licensed by PappaRich, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: 
    • use the App pursuant to the Terms; and
    • copy and store the App and the material contained in the App in your device's cache memory; for your own personal and non-commercial use. 
  3. PappaRichdoes not grant you any other rights whatsoever in relation to the App. All other rights are expressly reserved by PappaRich.
  4. PappaRich retains all rights, title and interest in and to the App and all related services. Nothing you do on or in relation to the App will transfer any:
    • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you. 
  5. You may not, without the prior written permission of PappaRich and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the services offered by the App for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the App which are freely available for re-use or are in the public domain. 

 

Privacy Policy

PappaRich takes your privacy seriously and any information provided through your use of the App is subject to our Privacy Policy, which is available at www.papparich.net.au/privacy-policy.

 

General Disclaimer 

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law: 

  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. PappaRich will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the App or these Terms (including as a result of not being able to use the App or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  3. Use of the App is at your own risk. Everything on the App is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, franchisees, directors, officers, employees, agents, contributors and licensors of PappaRich make any express or implied representation or warranty about the App or any products or services referred to on the App. This includes (but is not restricted to) loss or damage you might suffer asa result of any of the following: 
    • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    • the accuracy, suitability or currency of any information on the App, the Services, or any of its Services related products (including third party material and advertisements on the  App );
    • costs incurred as a result of you using the App, the Services or any of the products of PappaRich; and
    • the services or operation in respect to links which are provided for your convenience. 

 

Limitation of liability

  1. PappaRich's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services to you.
  2. You expressly understand and agree that PappaRich, its affiliates, employees, franchisees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

Termination 

  1. The Terms will continue to apply until terminated by either you or by PappaRich as set out below.
  2. If you want to terminate the Terms, you may do so by removing the App from your device(s) and ceasing to use the App.
  3. PappaRich may at any time, terminate the Terms with you if:
    • you have breached any provision of the Terms or intend to breach any provision;
    • PappaRich is required to do so by law; 
    • the provision of the App to you by PappaRich is, in the opinion of PappaRich, no longer commercially viable. 
  4. Subject to local applicable laws, PappaRich reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts PappaRich's name or reputation or violates the rights of those of another party. 

 

Indemnity

You agree to indemnify PappaRich, its affiliates, franchisees, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any direct or indirect consequences of you accessing, using or transacting on the App or attempts to do so; and/or any breach of the Terms. 

 

Governing Law 

The Terms are governed by the laws of Victoria, Australia. 

 

Severance 

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. 

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