JAMAICA BLUE APP TERMS & CONDITIONS
1) These terms and conditions of use govern your use of the Jamaica Blue App (the “App”) and your downloading, installation, accessing or use of the App indicates your acceptance of these terms and conditions. Subject to your compliance with these terms and conditions, we grant you a limited, non-exclusive, revocable, non-transferable licence to access and use the App and any content and services made available via the App.
2) The App is a technology platform that allows you to access and manage your loyalty membership account and also to order food and drinks for pick-up from participating Jamaica Blue cafes. It is made available only for your personal, non-commercial use.
3) We may amend these terms and conditions from time to time without prior notice. Your continued use of the App, following any changes, indicates your acceptance of those changes. If at any time you do not agree with these terms and conditions, you should not use the App.
4) We may cease operating the App at any time and for any reason without prior notice and with no further obligation to you. We will not be liable to you for any reason as a result of our ceasing to operate the App.
5) You must be 14 years or over to download, install access or use the App. If you are under the age of 18 you need your parent or guardian’s consent to use the App, and your use of the App indicates their consent to be bound by these terms and conditions. You will comply with all applicable laws in downloading, installing, accessing and using the App and accept all responsibility in doing so.
6) The App is only available for use in Australia and can only be used by downloading it onto a device that operates on an iOS or Android operating system. You download, install, access and use the App at your own risk and cost (if applicable).
7) In order to use the App, you will need to be a member of our loyalty program. If you are not already a member, you agree to become a member when setting up an account for use with the App. Membership is governed by its own terms and conditions which can be found here: https://jamaicablue.com.au/loyalty-program-terms-conditions/. At a minimum, you will need to set up a password and provide us with your name, email address, mobile phone number and date of birth. All information provided by you must be current, correct and complete when provided. You must update any information that changes, and you can do this by managing your account information via the App or online at https://jamaicablue.com.au/loyalty/.
8) We reserve the right to refuse your request to set up an account. You may only have one account and it must be in your own name. We may ask you to provide us with proof of your identity in order to ensure that you are eligible for membership. You can delete your account at any time if you no longer wish to be a member, in which case you will no longer be able to use the App.
9) By providing us with your personal information, you agree that we may contact you about any orders that you place (including those which for any reason we are unable to fulfil) via the App, including by in-App notifications, text message and telephone.
11) If you would like to use the App to place an order, you will also need to provide us with your credit card details. Payment for orders placed via the App can only be made with a credit card and cannot be made in-store by credit card or any other means. You acknowledge and agree that as part of the payment process, we will need to provide your credit card information to third parties, including payment providers. That provider will have their own practices and policies around the use and safekeeping of your information which are outside of our knowledge and control.
12) Payment in full is required at the time that you place your order. If we cannot process payment, your order will not be fulfilled. If we are unable to process your payment, you will be made aware of this at the time that you try to place your order.
13) You need to enable Location Services on your device if you would like to use this service to locate your nearest Jamaica Blue café with which to place your order. In doing so, you consent to the disclosure of your location. As the App relies on third party systems in order to locate nearby Jamaica Blue cafes, we cannot promise that the store locator feature will be available or accurate at all times. Alternatively, you can choose store locations manually.
14) Not all menu items available in Jamaica Blue cafes will be available to order via the App, and we make no guarantees as to the availability of menu items. The range of items available for purchase via the App may also vary from time to time without notice and the price of menu items may vary from store to store, and from time to time. Occasionally, your chosen store may not be able to fulfil your order once placed, and we will notify you of this if it occurs and provide you with a full refund in store. Once your order has been placed, you cannot cancel it for any reason.
15) If you have any food allergies or intolerances, it is your responsibility to ensure that your order is consistent with your dietary requirements. We recommend that you refer to the details of allergens that may be present in your chosen menu item. This information is available in the -App.
16) As a condition of placing your order, you agree that food prepared by us for you must be consumed within a certain period of time of preparation in order to meet food health and safety standards, and for safe consumption by you. If you do not collect your food within 30 minutes of the designated collection time, and we believe that it is no longer safe for consumption, or no longer meets our high standards because its quality or appearance have deteriorated, we reserve the right to discard the food. In such circumstances, no refund will be made, nor any store credit provided. You acknowledge that it is your responsibility to collect the food at the time that it is ready for collection, and to consume it shortly thereafter.
17) Not all promotions that are run in-store will be available via the App. Gift vouchers, store credits and the like will not be available for redemption or use via the App.
18) We reserve the right to monitor your account activity. You must not use the App for illegal purposes nor for commercial purposes. You must not adapt, modify, reverse engineer, decompile, disassemble or interfere with the App in any way, nor encourage others to use the App to undertake any illegal activity. We reserve the right to suspend or terminate your account and your use of the App at any time and for any reason, without prior notice.
19) We do not warrant that the App will be error-free, free from viruses or other harmful components, free from outages or disruption of service, or that it will meet your requirements.
20) You acknowledge that we have valuable intellectual property rights that exist over images associated with the App and the brand “Jamaica Blue”. All App materials (including but not limited to text, graphics, photos, images, concepts, sounds, music, moving images and any other content), logos and trademarks appearing on the App as well as the software and scripts that underpin the App are owned by or licensed to Jamaica Blue and are not to be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited without our express written consent.
21) To the fullest extent permitted by law, we exclude all warranties of any kind, whether express or implied, and are not liable for any loss, damage, expense or cost that you may suffer or incur or claim or demand made against you as a result of your downloading, installation, access of or use of the App. You do have rights under the Australian Consumer Law, which rights we do not seek to limit here. Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent the law allows.
22) You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or related to your conduct, your use of the App, your breach of these terms and conditions, or your breach of any rights of third parties.
23) While Jamaica Blue makes the App available for download, installation, access and use, it does not (except where an order is placed with a Jamaica Blue company store) provide you with any food or drinks. You acknowledge that once your order is placed you contract with the franchisee store responsible for fulfilling your order and not Jamaica Blue (except where an order is placed with a Jamaica Blue company store). You therefore also acknowledge that you have no claim or action against Jamaica Blue, and Jamaica Blue accepts no responsibility, in respect to orders placed with franchisee stores.
24) These terms and conditions are governed by the laws of New South Wales, Australia and you consent to the jurisdiction of the courts in that State.
25) You can contact us via:
• Mail: Building 215, Level 1, The Entertainment Quarter, 122 Lang Road, Moore Park NSW 2021
• Email: email@example.com
• Telephone: 1800 622 338