Terms and Conditions
Welcome to TXT4Coffee, Australia’s leading coffee ordering and payment gateway. 

Acceptance of terms and conditions: The terms and conditions are the terms on which TXT4Coffee offers you access to the Services and the Website. By registering as a member of TXT4Coffee you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services. 
Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by TXT4Coffee from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. 
These terms and conditions were last updated  1 January  2013. 

Terminology: In these terms and conditions, the following expressions have the meanings set out:
‘TXT4Coffee’  is a coffee ordering and payment system wholly owned by txt4coffee Pty Ltd
‘Products’, 'item', 'items' means goods that may be purchased by using the service. 
'member' means a registered member of TXT4Coffee.
'Services' means any one or more of the services offered by TXT4Coffee from time to time, including online food and drink ordering, SMS alerts and any other service that TXT4Coffee  or txt4coffee Pty Ltd may offer.
'we', 'us' and 'our' are a reference to txt4coffee Pty Ltd.
'Shop' means any retail outlet from which members may purchase Items by using the Service.
'you' and 'your' are a reference to you.
'Website' means any txt4coffee Pty Ltd or TXT4Coffee websites through which the Services are offered.
‘Customer’ is the person who places an order to a shop.
‘Carrier’ any service provider of broadband,  telecommunications, or mobile telecommunications services.

Description of Services. Subject to your compliance with these terms and conditions, TXT4Coffee will provide the Services to you after you have successfully completed the registration process for the Services, which is made available to you through the Website. Upon TXT4Coffee’s acceptance of your registration for participation in the Services, TXT4Coffee may send you an SMS text message or email containing an authorisation key for validation of your TXT4Coffee account. Once you have entered your authorisation key and validated your status as an authorised user of the Services, you will be able to make use of wireless communication devices, such as mobile telephones, to place orders and settle transactions for the purchase of certain third-party products (each, a "Product") contained in an order catalogue, as updated by TXT4Coffee from time to time ("Product Catalogue"). The communication standards for the Services include, but are not limited to: SMS, GRPS, and web-based browser technology, provided that in order to use the SMS-based Services, you must maintain an active account with a Carrier of electronic communications through mobile devices to access the Services. 
Availability of Services. You acknowledge and agree that the availability of SMS, the internet, and your ability to use the Services is on an "AS IS" and "AS AVAILABLE" basis. You acknowledge that delivery of SMS and receipt of messages and availability of web-based browsing is not guaranteed. You acknowledge that the Services may differ depending on the Carrier with whom you maintain an account and that Carrier's ability to support the Services. TXT4Coffee is not responsible for the act or omission of any Carrier, any limitations imposed by such Carrier, or such Carrier's ability or inability to support the Services. In addition, TXT4Coffee is not responsible for any limitations of the internet. In the event your Carrier fails to deliver any communication to TXT4Coffee or a provider of any Product in timely fashion, due to, but not limited to, mobile network failure or non-compatibility of your phone model with the Services, you acknowledge and agree that TXT4Coffee shall not liable for any loss or damage. In addition and without limiting the foregoing, in no event will TXT4Coffee be liable for any error by you in using the Services, including submission of an order or other message to an incorrect allocated number or short code. 
Disclaimer: You expressly understand and agree that: 
a.    Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute TXT4Coffee recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement. 
b.    While TXT4Coffee has systems in place to reduce the risk of credit card fraud, TXT4Coffee is not responsible for protecting members from credit card fraud. TXT4Coffee fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means. 
c.    Any contract for purchases made through the Website or text service will be between yourself and the store. TXT4Coffee acts purely as an agent for the Store and will be responsible for the transaction and disputes or refunds of the items ordered, if it is directly attributable to a transaction issue.
d.    TXT4coffee warrants that any and all disputes (and refunds if applicable) which arise as a direct result of TXT4coffee providing the services will be resolved by TXT4coffee in accordance with these terms and conditions and any applicable ancillary agreements. TXT4coffee shall bear full responsibility for quality, performance, accuracy, efforts and results to be obtained through the use of the website or the services. However, no advice or information, whether oral or written, obtained by you from TXT4coffee or through the services shall create any warranty not expressly made herein. 
Modification of Services. TXT4Coffee reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including by removing, adding, or modifying Products and/or third-party vendors from the Product Catalogue. TXT4Coffee shall have no liability to you for any modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified. 
Liability. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of TXT4Coffee to you or any other person under or in connection with these terms and conditions, or in connection with the Services, the Website, or your use of or inability to use, the Services or the Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. TXT4Coffee’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 
Indemnification.  You agree to indemnify, defend and hold harmless TXT4Coffee, its agents, employees, representatives, licensors, affiliates, officers from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the Services using your password) submit or transmit through the Services, (b) your use of or access to the Services, (c) your violation of these terms and conditions, (d) your violation of any rights of any third party, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Services. 
Becoming a Registered User.  Becoming a registered user is free. You may only register as a user if you can form a legally binding contract that is enforceable against you. By registering as a member, you warrant that you can form a legally binding contract. 
Accurate Information. You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by TXT4Coffee to ensure it is kept current at all times. TXT4Coffee may phone or email you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at TXT4Coffee discretion, you may create a business registration in addition to your personal registration. 
You understand that upon registering with a Store You may receive SMS marketing messages, advertising within the iPhone and Android applications,  and email marketing messages to your mobile phone and email address. 
You agree that when you save Stores into Your Store favourites via your online account you will be automatically part of the Store's customer and the TXT4Coffee database. 
Upon placing your order you are legally liable to pay for your order. 
Termination. TXT4Coffee may suspend your ability to use the Services or may terminate this agreement effective immediately and without notice to you if (a) TXT4Coffee receives repeated faulty orders for Products in connection with your account, including but not limited to the use of erroneous or spam SMS orders or duplicate requests for Products; (b) your use of the Services is resulting in excessive charge backs on the credit card associated with your account; (c) you fail to make timely payment of any amounts when due; or (d) TXT4Coffee believes you have violated or acted inconsistently with the letter or the spirit of this agreement. After any suspension or termination, you may be required to respond to an authenticating message to reactivate your account and/or pay a reactivation fee. You agree that TXT4coffee shall not be liable to you for any termination of this agreement or of your access to the services. You may discontinue your participation in and access to the services at any time by delivering notice to TXT4Coffee at support@txt4coffee.com.au.
Complaints handling. All disputes and complaints are to be addressed to TXT4Coffee Pty Ltd by either telephone 1300 885 748 or email support@txt4coffee.com.au. All complaints will be handled in accordance with Australian Standard on Complaints Handling (AS 4269-1995).
Security of your login information. You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: 
a.    not to permit any other person to use your user name or membership; and 
b.    not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership. 
Emails and newsletters: TXT4Coffee will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other TXT4Coffee’s retailers products and services to you. TXT4Coffee may also send regular SMS messages to you for marketing of TXT4Coffee retailers.
Limitations on your use of the Services. You may not attempt, authorise, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service. You agree to advise TXT4Coffee promptly of any such unauthorised use(s) or attempt(s). You acknowledge and agree that the Services are for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Services, or any products accessible through the Services. TXT4Coffee is not liable for any claims, actions, damages, or other liability incurred as a result of any unauthorised use of your account or the Services, and you agree to be fully liable for any such unauthorised access. 
Payment & billing. You acknowledge and agree that for each order you place through the Service, the full cost of Products you order (for which prices are subject to change without notice) will be charged against your TXT4Coffee account. You acknowledge and agree that a SMS, smart phone application, or web browser command originating from your account or registered mobile number constitutes an authorisation for TXT4Coffee to charge this amount to your TXT4Coffee account, and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the Products. In addition, you agree to pay all fees charged by your Carrier in connection with your use of the Services. You acknowledge and agree that these rates depend on the applicable Carrier and your personal subscription package with that Carrier. TXT4Coffee will provide you with reasonable notice of any material modification in the fees charged by TXT4Coffee Pty Ltd for the Services, which notice may be provided by posting the new fee schedule on the Website. 
If you are an Australian resident, then all fees are inclusive of GST and in Australian dollars unless otherwise stated. If you are not an Australian resident, then all fees are, unless otherwise stated, are in Australian dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest paid or other financial charges will be applied to TXT4Coffee account balances. 
Any SMS charges are charged directly to your mobile service phone bill or prepaid credit by your Carrier. Any TXT4Coffee transaction fees will be applied to your TXT4Coffee account. You must pay all fees immediately upon demand by TXT4Coffee. Public Holiday surcharges do not apply.
TXT4Coffee Fees & Charges. TXT4Coffee maintains credit accounts for each member and from which members pay for purchases. There are no subscription fees or transaction fees for TXT4Coffee customers.
All payment to your TXT4Coffee account will be credited free of charge with a minimum deposit of $AUD30.00. All payments are transacted by Securepay ABN 92 088 101 875 with the protection of a secure socket loader (SSL) website. If an automatic top up credit card transaction fails due to insufficient funds, or incorrect credit card details, then a $AUD5.00 will be charged to your TXT4Coffee account.
If your membership is terminated TXT4Coffee will refund the balance of your credit account, less a $AUD5.00 manual processing fee that is payable to TXT4Coffee. Consequently, no refund will be made if the account balance is below $AUD5.00. If your membership is terminated due to breach of these terms and conditions it is at TXT4Coffee discretion whether you are eligible for a refund. 
You will not be permitted to load more than $AUD999.00 onto your TXT4Coffee account
If you have not accessed your account on to the Website for a period of 18 months, any unused balance on your account is forfeited to TXT4Coffee and your membership may be suspended. 
Specific Shop Terms & Conditions The Shop accepts full responsibility and liability for Products, their descriptions, prices and availability displayed on their online Product Catalogue at www.txt4coffee.com.au. 
The Shop will be required to supply bank account details for the transfer of revenues (less TXT4Coffee’s transaction fees) on a daily or weekly basis. If weekly transfers are required, there is no transaction fee and TXT4Coffee Pty Ltd reserves the right to pass on any merchant fees to coffee shops through a deduction of 1%-2% from weekly revenue transfers.
The Shop will be required to provide its own computer or telephone device to operate the TXT4Coffee Coffee Shop application. The Shop accepts full responsibility and liability for the operation of this device. Recommended devices are displayed at www.txt4coffee.com.au. 
The Shop may terminate its TXT4Coffee account at any time in writing to support@txt4coffee.com.au. The balance of revenue will be transferred to the Shop’s bank accounts (less transaction fee and a final transfer fee of $AUD5.00). Once your termination notification has been received, your Shop will be removed from www.txt4coffee.com.au.
Customer connect module: Shops that subscribe to customer connect module agree to pay a monthly subscription and additional SMS and email transaction fees in accordance with the advertised fees at www.txt4coffee.com.au. The monthly subscription is paid in advance for the first month, and then deducted in weekly pro-rata amounts as part of the revenue transfer process to each subscribing shop. Transaction fees are all prepaid with either shop revenue balance or VISA or Mastercard.
The shop agrees that the database they have access to remains the property of TXT4coffee Pty Ltd and that any additional customer contact information that are used in customer connect in addition to those provided by TXT4Coffee are able to be used to by TXT4Coffee in accordance with the Terms and Conditions. For a Shop to use TXT4Coffee customer contact information for the purposes of marketing, a customer have must first purchased from that shop and have agreed to the TXT4Coffee Terms and Conditions. It is the Shops responsibility to have attained or to prove that any additional customer contacts uploaded by the Shop, have agreed to receive marketing, advertising and other forms of communication from this Shop.
Termination of services: A shop can terminate the customer connect subscription giving one weeks notice. All prepaid SMS and email transactions are not refundable or transferable. SMS and email transaction credits will expire after 90 days.

GENERAL PROVISIONS 

Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. 
Governing Law: These terms and conditions are governed by the laws of Queensland. You submit to the non-exclusive jurisdiction of the Courts of Queensland and respective states or territories where accounts are maintained or orders transacted. 
Intellectual Property Rights: TXT4Coffee (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. 
You may not without TXT4Coffee prior written permission, in any form or by any means: Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or  Commercialise, copy, or on-sell any information, or items obtained from any part of this Website. 
TXT4 is a registered Trade Mark and is used with the permission of TXT4Coffee Pty Ltd. 
Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.