TERMS & CONDITIONS
THE VIP PANCAKE CLUB TERMS & CONDITIONS INTRODUCTION
1.This document sets out the Terms and Conditions of Gram Café & Pancakes’ loyalty programs, The Gram Café & Pancakes VIP PANCAKE Club (VIP Club) and The Gram Café & Pancakes App Program (App Program), collectively referred to as the “TCC Program/s” for Australia.
2. These Terms and Conditions will apply from the time of sign‐up to either of the TCC Program/s and will govern the operation of a membership/s.
3.You must read this document carefully before using either of the TCC Program/s. If you do not understand these Terms and Conditions or if you have any questions, please contact our staff. DEFINITIONS
4. In these Terms and Conditions, the following definitions will apply: App means the TCC Program/s software application or program available to download on a mobile phone device, tablet or other compatible electronic device; Benefits means the facilities, services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time; Dollar or $ means Australian dollars, exclusive of GST; GST means the goods and services tax under A New Tax System (Goods and Services) Act 1999 (GST Act) and the terms used have the meanings prescribed in the GST Act; Member or you means the person who subscribed to either of the TCC Program/s and whom agrees to be bound by these Terms and Conditions; Member Application Form means a form, either in hard or digital copy, subscribing to a Membership; Membership means membership of either of the TCC Program/s; Registration means registering your details, including the unique membership number provided upon completing the Membership application relevant to either of the TCC Program/s;
Terms and Conditions;
TCC, we or us means The Gram Café & Pancakes;
TCC Gift Cards means a gift card that has been received or purchased from
TCC including vouchers issued for redemption at a
TCC Store; Rewards Dollars means those rewards made available from time to time to the Member by
TCC pursuant to the relevant
TCC Program/s; TCC Program/s means both the Rewards App and VIP Club;
TCC Store means a participating corporate, equity or franchised owned and/or operated The Gram Café & Pancakes shop. TCC Store Operator means an employee of The Gram Café & Pancakes. Terms and Conditions or Terms means this document, including any variations or amendments notified to the Member from time to time;
PARTICIPATION AND MEMBERSHIP General
1.By completing a Member Application, you confirm you have reviewed, understood and agree to be bound by these Terms in using either of the TCC Program/s.
2. Upon subscription:
a. a VIP Club Member, will be provided with a unique member number (VIP Club Member Number);
b. a Rewards App Member, will be provided with a unique barcode (Rewards App Barcode).
3. A VIP Club Member Number or Rewards App Barcode is valid only for the Member who completed the Member Application, and cannot be used by any person other than such Member.
4. TCC is not responsible for any lost, damaged or stolen VIP Club Card and may, at its discretion charge a fee for any replacement card. Lost or stolen VIP Club Cards must be immediately reported to TCC.
5. TCC reserves the right at all times to make any changes to these Terms, rewards or benefits offered pursuant to either of the TCC Program/s at its sole discretion, including but not limited to:
a. changes to rules regarding accumulation and redemption of points; and
b. benefits offered.
6. A Member’s continued use of either of the TCC Program/s will constitute acceptance of the revised terms and conditions. If the Member does not accept the revised terms and conditions, the Member should discontinue using either or both of the TCC Program/s. Amended Terms and Conditions will not have retrospective effect.
7. TCC reserves the right to immediately suspend, or terminate a Membership at its sole discretion if they reasonable consider that:
a. the Member has breached the Terms;
b. the Member has engaged or may engage in fraudulent, misleading or dishonest conduct, or conduct that is suspected to be fraudulent, misleading or dishonest in relation to the TCC Program/s;
c. the Member engages at any TCC store, or to any TCC employee in a derogatory, harmful, drunken and/or manner otherwise regarded by us as highly inappropriate
8. Upon a Membership being terminated:
a. the Member will cease to be able to use and/or participate in the VIP Club or Rewards App, and TCC will have no liability, responsibility, or obligation to the Member.
b. any TCC Points accumulated by a Member may, at the TCC’s discretion, be cancelled or forfeited. In these circumstances, no compensation will be provided for the cancelled or forfeited TCC Points.
9. If a Rewards App Membership becomes inactive then any points accumulated by the Member will be forfeited without compensation.
BENEFITS OF A MEMBERSHIP ‐ EARNING AND REDEEMING REWARDS DOLLARS General
10. Subject to these terms, a VIP Club Member or Rewards App Member can enjoy the benefits associated with the relevant Membership in store, or online.
11. A person can be a member of both the Rewards App or VIP Club. For the avoidance of doubt, a VIP Club Member does not automatically accumulate TCC Points at the time of a purchase or transaction. TCC Points can only be accumulated by presenting a Rewards App Barcode at the time of a transaction.
12. If a Member chooses to link the App with any third party services (such as PayPal), TCC may share and receive personal information with that third party provider. TCC will have no responsibility or liability to a Member in relation to any third party services or providers. 28.From time to time, TCC may send you offers in conjunction with other loyalty programs operated by TCC. Such offers may require the Member to present their VIP Club Card, VIP Club Member Number or Rewards App Barcode (via the App) to obtain the promotion, offer or discount.
13. Subject to clause 31, a VIP Club Member will be entitled to benefits, at the Member’s election, upon the provision of the VIP Club Card or VIP Club Member Number at the time, or prior to completing a purchase transaction.
14.The benefits of the VIP Club are as follows, or as detailed on TCC website from time to time.
GENERAL
The Member is solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Member’s participation in either of the TCC Program/s, giveaways, prizes or vouchers issued or any other transaction within or resulting from the TCC Program/s.
Any failure or delay by TCC in exercising its rights under these Terms does not constitute a waiver of those rights and any waiver by TCC must be in writing and signed by an authorised officer of TCC.
Except as provided in any law which cannot lawfully be excluded or modified by agreement, TCC does not accept any liability whatsoever, including for negligent acts and omissions, with respect to:
a. the breach of any of these terms or any term implied by law (including statute) by any person other than TCC;
b. any benefit or other reward, prize or giveaway;
c. any death or injury or consequential loss or damage arising from the supply of a benefit and/or other reward, prize, giveaway;
d. the loss, theft or destruction of a benefit, reward, prize, giveaway;
e. any failure, delay or inability to provide a reward, prize, giveaway to the Member caused by circumstances beyond its control, including but not limited to strikes or industrial disputes, acts of God, flood, weather, pandemic, war or civil disturbance; and
f. any other liability, loss or damage incurred or suffered by any Member (or any other person) in connection with either of the TCC Program/s.
TCC may, without notice to a Member, assign or otherwise transfer the benefit of all or any part of these Terms to any other person or entity, and any such person or entity will be bound by these Terms. The Member cannot assign, novate or otherwise transfer any rights, benefits or liabilities relating to these Terms or either of the TCC Program/s without TCC’s prior written consent. These Terms will be construed according to and governed by the laws of NSW, or if necessary, the Commonwealth and the parties submit to the exclusive jurisdiction of the courts in NSW and, when necessary the Commonwealth.
