eClub Card Terms and Conditions

1. Definitions and Interpretation

1.1.    In these Terms and Conditions:

a) ‘Affiliate’ means in relation to any person, any other person which directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, that first person. As used in this definition, ‘control’ (including with corresponding meanings, ‘controlled by’ and ‘under common control with’) shall mean possession, directly or indirectly, of power to direct or cause the direction of management or policies (whether through ownership interests or otherwise). To avoid doubt, Affiliate may also be used to refer to franchisees;

b) ‘Application’ means the application or registration submitted by You either via the Esquires Website or the Esquires Smartphone Application to become a Member of the Esquires eclub Loyalty Card Program;

c) ‘Benefits’ means the services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time;

d) ‘Esquires’ means Esquires Coffee Houses System Pty Ltd ACN 150 941 978;

e) ‘Esquires eclub Loyalty Card Program’ means the loyalty rewards card program operated by Esquires and includes but is not limited to the Esquires eclub Loyalty Card, where applicable;

f) ‘Esquires eclub Loyalty Card’ means each membership card issued by Esquires to each Member and includes but is not limited to the Esquires eclub Loyalty Card where applicable ;

g) ‘Esquires Website’ means www.esquirescoffee.com.au  or such other website as is nominated by Esquires from time to time in its absolute discretion.

h) ‘Esquires Smartphone Application’ means the smartphone application that can be downloaded by You to become a Member of the Esquires eclub Loyalty Card Program.

i) ‘Dollar’ or ‘$’ means Australian Dollars;

j) ‘Eligible Transaction’ means the purchase of any full priced hot or cold beverage You make from selected Esquires stores when you use an approved payment (whether it is cash, cheque, credit card, EFTPOS or your prepaid Esquires eclub Loyalty Card) and You submit your registered Esquires eclub Loyalty Card at the time of purchase.

k) ‘Member’ or ‘Membership’ means a member of the Esquires eclub Loyalty Card Program or the Esquires eclub VIP Gold Card, as applicable;

l) ‘Points’ means the points earned by You on Eligible Transactions in accordance with these terms and conditions;

m) ‘You’ or ‘your’ means the individual who submits an Application to become, or is, a Member of the Esquires eclub Loyalty Card Program.

2. Introduction

2.1. Esquires eclub Loyalty Card Program is promoted by, issued and remain the property of Esquires.

2.2. This document sets out the Terms and Conditions of the Esquires eclub Loyalty Card Program provided by Esquires (‘Terms and Conditions’).

2.3. Your use of your Esquires eclub Loyalty Card is deemed acceptance of there Terms and Conditions (and any variation in accordance with clause 7).

3. Membership

3.1. To become a Member You must:

a)  collect your Esquires eclub Loyalty Card with the purchase of any food or drink item at select Esquires stores; and

b) register your  Esquires eclub Loyalty Card by visiting the Esquires Website and following the on-screen prompts to input all of the requested details and completing the Application process.

or

c) download the Esquires Smartphone Application; and

d)  register your virtual Esquires eclub Loyalty Card by following the on-screen prompts to input all of the requested details and completing the Application process.

3.2. Esquires reserves the right to decline any Application for any reason in its sole and absolute discretion.

3.3. Points will not commence or accrue until Your Application is approved and accepted by Esquires and your Esquires eclub Loyalty Card has been successfully registered.

3.4. An Esquires eclub Loyalty Card is not transferrable and remains the property of Esquires at all times.

3.5. Membership may be cancelled or refused by Esquires at its absolute discretion if a Membership is deemed to be fraudulent or linked to a fraudulent Membership. In this case all Credits, Points, benefits and rewards will be immediately cancelled or forfeited.

4. Points

4.1. Once Your Esquires eclub Loyalty Card is registered, you will automatically be entitled to 420 bonus points which are activated after the member’s next purchase at selected Esquires stores on the presentation of your Esquires eclub Loyalty Card

4.2. To thereafter accrue Points You must present your Esquires eclub Loyalty Card each time You make an Eligible Transaction.

4.3. You will be awarded Points for every Eligible Transaction made. Points are earned at $1=10 points. Points cannot be earned in conjunction with free or discounted purchases, special offers or promotions.

4.4. Once You accumulate sufficient  Points You will be entitled to redeem your points for eligible hot and cold beverages at selected Esquires stores. Points are redeemed at 1c=1 point.  

4.5. Without Your Esquires eclub Loyalty Card Your transaction will not be recorded and will not count towards the accumulation of Points.

4.6. On the presentation of Your Esquires eclub Loyalty, You will also be rewarded with:

a) Thirty (30) minutes of free WIFI each day at selected Esquires stores. Your free WIFI must be used on the day You are entitled to it. If you do not use your free WIFI, it will not be rolled over and does not accumulate; and

b) A free small beverage on your birthday month sent via coupon to the email address provided upon registration. If the card is not registered the birthday beverage is not valid.

4.7. Esquires reserves the right to ask You for identification to verify that You are the cardholder of the Esquires eclub Loyalty Card

4.8. Points accrued do not constitute your property, cannot be redeemed for cash and have no monetary value.

4.9. Points cannot be sold, transferred or assigned to any other person, entity, account or other Esquires eclub Loyalty Card or Member.

4.10.  Esquires will deduct from your Esquires eclub Loyalty Card account any Points that have been credited to your Esquires eclub Loyalty Card in error and any Points that relate to an Eligible Transaction which has been cancelled, reversed, or a refund given.

4.11. While Esquires will use every effort to ensure Points are correctly awarded to You, Esquires will not be responsible for technical errors associated with the accumulation of Points onto an Esquires eclub Loyalty Card.

4.12. Esquires reserves the right to refuse redemption of Points if Esquires reasonably believes that Points were earned fraudulently or that the use of the Esquires eclub Loyalty Card is unauthorised or otherwise unlawful.

4.13. Points can only be earned by individuals shopping for personal use.

4.14.  Your Esquires eclub Loyalty Card cannot be used in conjunction with any other offer, promotion, coupon, voucher or any other loyalty rewards program

4.15. Your Esquires eclub Loyalty Card is not valid for purchases attracting the 10% seniors discount card.

4.16. Any Points accumulated will be valid for a period of one calendar year from the date they are earned after which time they will expire.

5. Errors and Lost or Stolen Cards

5.1. The Esquires eclub Loyalty Card should be treated like cash. Unless otherwise required by law or permitted by these Terms and Conditions, if your Esquires eclub Loyalty Card is lost or stolen any Points or prepaid balance on your Esquires eclub Loyalty Card cannot be replaced or transferred.

5.2. You must notify the Esquires immediately if your Esquires eclub Loyalty Card is lost or stolen.  Cards that are reported as lost or stolen will immediately be cancelled and will no longer be able to be used.

5.3. A system for reporting lost or stolen cards is available on the Esquires Website. Esquires and its Affiliates is not liable for any delay in replacing Esquires eclub Loyalty  Card or for any unauthorised use of an Esquires eclub Loyalty Card 

6. Intellectual Property

6.1. Any Esquires eclub Loyalty Card issued to you as part of the Esquires eclub Loyalty Card Program remains the property of Esquires.

6.2. Esquires grants to you a bare licence to use the Esquires eclub Loyalty Card as part of the Esquires eclub Loyalty Card Program.

6.3. All Intellectual Property subsisting in the Esquires eclub Loyalty Card, including but not limited to artwork, logos, names, slogans and trade marks, is the property of Esquires.

6.4. You must not give away, copy, intentionally damage, deface, or otherwise compromise the integrity of the Esquires eclub Loyalty Card or use the Esquires eclub Loyalty Card for any purpose other than as part of the Esquires eclub Loyalty Card Program.

7. Variation of terms

7.1. Esquires may vary these terms and conditions at any time at its sole and absolute discretion subject to the terms of this Clause 9.

7.2. Esquires will maintain a current version of these terms and conditions on its website. The terms and conditions applicable to any accrual or redemption of Points shall be the terms and conditions as published on the website at the time of the accrual or redemption.

7.3. Esquires will send an email to you to notify you of variations to the terms and conditions made in accordance with this Clause 9.

7.4. Esquires will not be responsible for any loss caused directly or indirectly by a variation to the terms and conditions made in accordance with this Clause 9.

8. Termination or Transfer

8.1. You must not give away or transfer your rights under the Esquires eclub Loyalty Card Program without the prior written consent of Esquires. Failure to do so will be a breach of these Terms and Conditions and Esquires may terminate your Membership in accordance with Clause 10.2 below.

8.2. Esquires reserves the right to suspend or terminate your Membership in the Esquires eclub Loyalty Card Program if Esquires reasonably believes that:

a) You have breached these Terms and Conditions; or

b) A person has engaged or may engage in fraudulent conduct, or conduct is suspected to be fraudulent, in relation to your Esquires eclub Loyalty Card Program account or in a claim for allocation of Credits to you; or

8.3. You may terminate your Membership in the Esquires eclub Loyalty Program at any time by giving notice to Esquires through the Esquires website.

8.4. Esquires may, at its sole and absolute discretion, cancel all or any Points that have been issued to you if your right to participate in the Esquires eclub Loyalty Card Program is suspended or terminated.

8.5. Upon termination, you must return to Esquires Your Esquires eclub Loyalty Club that has been issued to you which has not been reported as lost or stolen.

8.6. Notwithstanding  termination of your membership of the Esquires eclub Loyalty Card Program, the terms under Clause 6 of these Terms and Conditions continue to apply.

9. General Information

9.1. You are solely responsible for any government tax, duty or other charge imposed by law in respect of the Esquires eclub Loyalty Card Program, your participation in the Esquires eclub Loyalty Card Program, any Points earned, gift cards issued, any rewards redeemed or any other transaction within the Esquires eclub Loyalty Card Program.

9.2. Any failure or delay by Esquires in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights by Esquires. Any waiver by Esquires must be in writing and signed by an authorised officer of Esquires.

9.3. Esquires reserves the right to terminate the Esquires eclub Loyalty Card at any time without notice.  If Esquires terminates the Esquires eclub Loyalty Card, all accrued Points will be cancelled and any prepaid balance will be refunded.

9.4. Esquires does not offer any other guarantees other than those contained in the Consumer Guarantee provisions of the Australian Consumer Law set out in Schedule Two of the Competition and Consumer Act 2010 (Cth) to the extent they apply to these services.

9.5. Except as provided in any law which cannot lawfully be excluded or modified by agreement, Esquires, and its affiliates, does not accept any liability whatsoever, including for negligent acts and omissions, with respect to:

a)  the breach of any of these Terms and Conditions or any term implied by law (including statute) by any person other than Esquires;

b)  Esquires eclub Loyalty Cards or any other reward or Benefit;

c) any death or injury or consequential loss or damage arising from the supply of a reward;

d) the loss, theft, unauthorised use or destruction of a Esquires eclub Loyalty Card or any other benefit;

e) any technical malfunction (whether or not under Esquires control) of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected Applications or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.

f) any taking or redemption of any Points, rewards or entitlements;

g) any failure, delay or inability to provide a Esquires eclub Loyalty Card or other benefit to you caused by circumstances beyond its control, including strikes or industrial disputes, acts of God, flood, weather, war or civil disturbance; and

h) any loss or damage, including loss of opportunity, where direct, indirect, special or consequential arising or in connection with the Esquires eclub Loyalty Program.

9.6. Esquires may give notice through its website, by post or by email.

9.7. You must advise Esquires of any changes of name, address, or other details as soon as the change occurs. Esquires is not responsible for any failure by you to notify Esquires of the change which may result in the loss of Points, prepaid balances, gift cards and rewards. Changes of contact details may be updated through the Esquires website.

10. Other

10.1. Esquires may notify you from time to time of additional promotions and benefits available to Members.

10.2. Esquires may notify you from time to time of offers from partners or Affiliates of Esquires

10.3. Information collected from you in connection with your Membership to the Esquires eclub Loyalty Program will be used in accordance with these Terms and Conditions and standard Retail Food Group (Australia) Privacy Policy which is available to view at www.rfg.com.au.

10.4. The laws of Australia apply to this promotion to the exclusion of any other law.  Members submit to the exclusive jurisdiction of the courts of Australia