Terms & Conditions

1. INTRODUCTION
   1. By registering as a Member for the MLP, using your MLP Card, using your MLP App, using or accessing your Michel’s Rewards or otherwise participating in the MLP, you accept & agree to be bound by the following terms and conditions (‘Terms and Conditions’) of the MLP provided by RFGA Management Pty Ltd ACN 071 765 609 (‘Michel’s).
   2. These Terms and Conditions are intended to protect Members and Michel’s. It is the Member’s responsibility to read and understand them.
   3. The MLP remains the property of Michel’s at all times.
   4. These Terms and Conditions will be construed according to and governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts in the State of Queensland, Australia.
   5. Michel’s may amend, suspend or terminate these Terms and Conditions from time to time. The current terms and conditions are those available at https://www.michels.com.au/loyalty/. Material changes will be notified to Members in accordance with clause 6 of these Terms and Conditions.
   6. Any failure or delay by Michel’s in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights and any waiver by Michel’s must be in writing and signed by an authorised officer of Michel’s.
2. REQUIREMENTS FOR MEMBERSHIP IN MICHEL’S LOYALTY PROGRAM
   1. An individual is eligible to become a Member of the MLP if:

   (a)they have a unique email address and a residential address in Australia;

   (b)are over 16 years of age; and

   (c)that individual either, in accordance with the terms herein:

   i.  downloads and registers in the MLP App; or

   ii. completes Registration of their MLP Card at  https://www.michels.com.au/loyalty   or

   iii.is issued an MLP Card.

   2. Notwithstanding clause 2.1, Membership is offered at the sole discretion of Michel’s. To avoid doubt, Michel’s may accept or reject any application to participate at its sole and absolute discretion (acting reasonably).
   3. Membership is not available to Michel’s staff, employees and associated family members.
   4. Membership is limited to one (1) account per person and is not transferable.
   5. Membership is free although Michel’s reserves the right to charge a nominal fee for a replacement MLP Card in its discretion.
   6. Membership of the MLP is conditional on acceptance of these Terms and Conditions and the collection, use and disclosure of a Member’s personal information in accordance with the Michel’s Privacy Policy referred to herein, as amended from time to time with notice to the Member.
3. MEMBER OBLIGATIONS
   1. Members are to inform Michel’s via written notice if:

   (a)their personal details change (including, but not limited to, their address, email address or phone number) as soon as practicable after the change.

   (b)their MLP Card or mobile device is lost or stolen; and/or

   (c)they would like to close their account.

   2. Members can make changes to their details directly at https://www.michels.com.au/loyalty, via the MLP App or by contacting the Michel’s Marketing Team via the CONTACT US page on the Michel’s website.
   3. Members are to keep their MLP Card and or MLP App details safe, secure and confidential.
   4. Michel’s is not responsible for any loss (financial or otherwise), loss of points or benefits available to MLP Members in connection with any failure by a Member to duly notify Michel’s of any change in their details.
   5. Michel’s is not liable for any unauthorised use of the MLP Card or MLP App, This includes, but is not limited to, any delay by a Member to report a lost, misplaced or stolen MLP Card or MLP App. Michel’s Rewards will not accrue on a Member’s account once a Member has reported that their MLP Card or MLP App has been lost, misplaced or stolen.
   6. MLP Cards or the MLP App are not legal tender, credit or debit cards and remain the property of Michel’s.
   7. Members must not:

   (a)act in any way which breaches these Terms and Conditions; or

   (b)abuse or misuse the MLP or any rewards accorded to the Member as a result of Membership including by:

   (i)  engaging in illegal or fraudulent activities;

   (ii) supply or attempting to supply false or misleading information, or making a misrepresentation to Michel’s;

   (iii)selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward other than in accordance with these Terms and Conditions; or

   (iv)acting in a hostile, abusive or aggressive way towards any Michel’s staff.

   Errors, Lost or Stolen Cards

   8. Should a Member wish to make a claim for any errors in the allocation of Michel’s Rewards, they must email Michel’s at hello@michels.com.au with a detailed summary of the error they believe has occurred and supporting receipts for the transaction within twenty eight (28) days of the transaction that took place.
   9. The Member must notify Michel’s immediately if your MLP card or smart phone has been lost or stolen or damaged, by contacting the Michel’s Marketing Team at  hello@michels.com.au
   10. If a Member’s MLP Card and or mobile device has been lost, stolen or damaged:

   (a)Michel’s Rewards will not accrue once a Member has reported a mobile device and/or MLP app as lost or stolen to Michel’s, until a replacement MLP card or account via the MLP app has been activated and issued.

   (b)Michel’s may issue the Member with a replacement MLP Card with a new identification number.

   (c)Any Michel’s Rewards earned by a Member Who has completed Registration as at the date of valid notification to Michel’s that the MLP card and/or mobile device was lost, stolen or damaged will be transferred to the Member’s new MLP Card or MLP account.

   (d)Michel’s reserve the right to charge for issuing a Member a replacement Michel’s Loyalty Card (if applicable).

   (e)Any Michel’s Rewards earned on an MLP Card that was not registered may be cancelled without compensation at Michel’s reasonable discretion in accordance with these Terms and Conditions.

   11. Michel’s may request information or identification from a Member confirming their Membership to the MLP. If you do not provide the requested idenfication or information Michel’s may not be able to issue a replacement MLP Card, cancel or activate a new Membership or transfer any accrued Michel’s Rewards or credit points.

   Cancellation, Suspension and Termination

   12. Michel’s reserves the right, at any time without notice, to immediately:

   (a)terminate the MLP;

   (b)suspend or terminate Membership in the MLP at is sole discretion (acting reasonably);

   (c)decline to issue or cancel the MLP App or MLP card (including any replacement MLP App or MLP card);

   (d)reject an application for Membership; or

   (e)reverse any Michel’s Rewards credited to an account.

   13. Members agree that the grounds for Michel’s doing any of the acts in clause 3.12 include (but are not limited to):

   (a)a breach of these Terms and Conditions;

   (b)conduct that is an abuse of Membership, the MLP or undermines the legitimate interests of Michel’s;

   (c)where Michel’s Rewards are earned by fraudulent, misleading or dishonest conduct or suspected fraudulent, misleading or dishonest conduct;

   (d)a Member has not used their Michel’s Loyalty account for twelve (12) months, including earning or redemption of Michel’s Rewards within a consecutive twelve (12) month period;

   (e)death or bankruptcy of the Member; or

   (f)any other reason Michel’s deems reasonable.

   14. If Michel’s terminates or suspends a Membership, it may at its sole discretion terminate any or all Michel’s Rewards earned on the MLP without compensation.
   15. If Michel’s terminates the MLP by giving the Member at least fourteen (14) day's Notice:

   (a)the Member will not be eligible to earn Michel’s Rewards from the date of the Notice;

   (b)the Member’s existing allocation of Michel’s Rewards will be forfeited and cancelled, and Michel’s shall have no further liability to the Member.

   16. A Member may terminate their Membership at any time by providing written notice by email to Michel’s. In terminating their Membership, a Member:

   (a)will not be eligible to earn Michel’s Rewards from the date of providing Michel’s with written notice;

   (b)any existing allocation of Michel’s Rewards will be forfeited and cancelled, and Michel’s shall have no further liability to the Member.

   17. Deleting the MLP App or destroying the MLP Card will not terminate a Member’s account.
   18. If requested by Michel’s on termination of the Membership, the Member must return the MLP Card to Michel’s within fourteen (14) days.
4. MICHEL’S REWARDS
   1. Members who have Registered will receive 1 (one) free small or regular size Michel’s-crafted Hot Drink each year on their birthday, which will be issued to the Member directly on their MLP Card or MLP App (Birthday Reward). The Birthday Reward will be valid for thirty-one (31) days from the Members birthday provided at the time of Registration. A Member who has not Registered will not be entitled to the Birthday Reward.
   2. The MLP entitles Members to receive a free small or regular size Michel’s-crafted Hot Drink after seven (7) Michel’s-crafted Hot Drinks (of equal or greater value) are purchased (i.e. 8th Michel’s-crafted Hot Drink is free) (Free Hot Drink Reward).
   3. A reward for the purposes of MLP, is earned each time the Member uses their MLP Card or MLP App to purchase a Michel’s-crafted Hot Drink at a participating Michel’s store (“Qualified Purchase”).
   4. For each Qualified Purchase, the Member will receive one (1) credit point. After having accrued seven (7) credit points, the Member will be eligible for a Free Hot Drink Reward. The Free Hot Drink Reward must be redeemed within three (3) months from the date that the seventh (7th) credit point was applied to the MLP Card or MLP App, after which the Michel’s Rewards will expire.
   5. To obtain a credit towards a Free Hot Drink Reward:

   (a)Members must, at the beginning of the purchase of their Michel’s-crafted Hot Drink present the QR Code within the MLP App via their smart phone for scanning or present their MLP Card for swiping, at the Point of Sale ("POS") prior to the conclusion of the transaction at the participating Michel’s Store.

   (b)The team Member employed at the participating Michel’s Store must scan the MLP Card or MLP App at the POS facility.

   (c)In order for a purchase to be counted as a Qualified Purchase, the above steps must be complied with.

   (d)Michel’s Rewards will be awarded to the Members Michel’s Loyalty account after their transaction has completed and are only recognised and available after they are successfully processed to the Member’s MLP Account.

   6. Members who have completed Registration can view the beverage count acquired on their MLP Account at any time by visiting the ‘MLP Card’ section of their MLP App or by visiting  https://www.michels.com.au/loyalty  and entering their valid login details. If a Member has not completed their Registration, they will unable to view the beverage count on the MLP Account or MLP App until the Registration is completed.
   7. A Member may redeem no more than four (4) accrued free Michel’s-crafted Hot Drinks within any single transaction.
   8. Members who completed Registration will be provided ten (10) days’ notice, via SMS or notifications within the MLP App, or email (as applicable) of any Michel’s Rewards that are due to expire so that they may avail themselves of the MLP and any accrued Michel’s Rewards.
   9. Michel’s Rewards are not able to be redeemed or exchanged for other items, or any currency whatsoever, including Australian dollars.
   10. Member’s rights under these Terms and Conditions cannot be sold, transferred or assigned except in accordance with these Terms and Conditions.
   11. Michel’s Rewards are not the personal property of the Member and are only redeemable for Michel’s Rewards that form part of the MLP (as amended from time to time by Michel’s) and always only at participating Michel’s Stores.
   12. Michel’s Rewards can only be earned by a Member for personal benefit and must not be used for any commercial or not-for-profit association purposes unless expressly authorised by Michel’s in writing.
   13. Michel’s will reverse from a Member’s MLP account any rewards that have been or are to be credited to that Member’s MLP Account that:

   (a)have been credited to their MLP Account in error; and/or

   (b)relates to a transaction which has been cancelled, reversed, or relates to a refund given; and/or

   (c)there are other grounds Michel’s considers reasonable to warrant a reversal including (without limitation) Michel’s Rewards awarded through fraudulent, misleading or deceptive conduct by the Member, or persons associated with the Member.

   14. Michel’s may introduce promotion programs relating to the MLP whereby these Terms and Conditions may be varied as applicable to such programs.
   15. Michel’s reserves the right to de-register and make ineligible for any reward a Members MLP Card or MLP App that has incurred an Inactive Period for two (2) consecutive years.
   16. All Michel’s Rewards are subject to availability. Michel’s is not responsible if a reward is not available for any reason. Participating Michel’s stores may substitute a Michel’s Reward, at the Members discretion, in the event said reward is not available.
   17. All Michel’s Rewards shall expire on the date determined by these Terms and Conditions. Where these Terms and Condition do not expressly note an expiry date (particularly in relation to historically awarded Michel’s Rewards) such will expire three (3) months from the date the Michel’s Reward was granted to the Member.
   18. Michel’s reserves the right to request identification from the Member that they are the registered MLP App and / or MLP Card holder.
5. ADDITIONAL BENEFITS AND PROMOTIONS
   1. Members may qualify for other benefits or rewards or promotions which may be offered by Michel’s from time to time (“Other Benefits or promotions”).
   2. Other Benefits or promotions will be advertised by Michel’s and/or its associated entities or franchisees by a method at the direction of Michel’s (this may include by mail, SMS, email, in participating Michel’s Stores’ advertising material, social media and/or the Michel’s website https://www.michels.com.au/loyalty  and will have terms and conditions specific for that promotion.
6. CHANGES TO MLP
   1. Subject to clause 6.2, Michel’s, at its discretion, may make any changes (whether material or otherwise) to these Terms and Conditions, including, without limitation:

   (a)the range of Members and method of redemption.

   (b)the points or credit a Member can earn per transaction;

   (c)the range of Michel’s Rewards and the number of points or credit, or consideration,required for Michel’s Rewards;

   (d)the period for expiry of existing or future Michel’s Rewards on a Member’s account.

   2. Michel’s will use best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit the MLP, to give Members at least twenty-one (21) days’ notice.
   3. Without limiting this clause 6 in anyway, Members will be taken to have received the notice referred to in clause 6.2 if Michel’s notifies Members of any change:

   (a)via the Michel’s website (https://www.michels.com.au/loyalty);

   (b)the MLP Member portal;

   (c)by SMS;

   (d)via the Member’s last disclosed postal address;

   (e)via the Member’s mobile number; and/or

   (f)by any other direct communications sent to Members.

7. LIABILITY
   1. To the maximum extent permitted by law, Michel’s will not be liable to a Member in any way (including negligent acts and omissions) with respect to:

   (a)any breach of these Terms and Conditions (express or implied by law) by any person or representative other than an authorised representative of Michel’s;

   (b)any Michel’s Rewards that are unused as at the date of cancellation or termination of their Membership or the MLP;

   (c)any unauthorised use of a MLP App or MLP card as a result of their delay to report the lost or stolen MLP App or MLP card to Michel’s;

   (d)delay in issuing Michel’s Rewards to a Member’s MLP account or replacement of the MLP card or MLP App;

   (e)damage, theft or loss to of any MLP App or MLP card or documentation issued by Michel’s by post or delivery;

   (f)for matters of and incidental to the termination or suspension of the MLP, Membership or the MLP;

   (g)Michel’s Rewards or other benefit provided to the Member under the MLP;

   (h)any death, loss or damage as a result of the Membership under the MLP;

   (i)any failure or inability to provide Michel’s Rewards caused by circumstances beyond its control (inclusive of disputes, acts of God, flood, weather, war or civil disturbance);

   (j)any government tax, duty, other charge or liability in respect of the MLP incurred as a result of your Membership is the responsibility of the Member; and

   (k)any other liability, loss or damage incurred by the Member (or any other person) in connection with the MLP.

   2. The Member agrees that the above limitation of liability also applies to Michel’s (and its Related Bodies Corporate within the meaning on that term under section 50 of the Corporations Act 2001 (Cth)). Nothing in these Terms and Conditions limits the Member’s rights under the Australian Consumer Law.
8. NOTICES
   1. The Member acknowledges and agrees that Michel’s may provide them Notice:

   (a)by SMS, email, post to the last known postal address, as per the details provided on the MLP App or MLP Member Portal; or

   (b)on the Michel’s website (https://www.michels.com.au/loyalty).

9. PRIVACY AND COLLECTION NOTICE TO MEMBERS
   1. This privacy notice is provided to the Member by Michel’s and contains important information regarding the collection, use, disclosure, security and access of the Member’s personal information.
   2. Michel’s Privacy Policy can be obtained on the Member Portal or via our website (https://www.michels.com.au/privacy-policy/). The Member acknowledges and agrees that they have read and understand the privacy policy, including (without limitation) the collection, use and disclosure of personal information.
   3. The Member consents to Michel’s contacting them from time to time, including telephone, post, facsimile and electronic (i.e. SMS, internet) methods.
   4. Collection: The information Michel’s collects is:

   (a)the information provided by the Member on the registration page of the Michel’s Loyalty App or website located at  https://michels.com.au/loyalty;

   (b)transactional information when the Member shops using their Michel’s Loyalty App and/or Card such as, but not limited to, the store(s) the Member shopped at, when the Member shopped, the Member’s purchases and method of payment;

   (c)information the Member may provide from time to time through contact with the Michel’s website or that the Member provides on the Michel’s Loyalty website at   https://michels.com.au/loyalty;

   (d)information regarding the Member’s payment preferences in conjunction with their Michel’s Loyalty App and/or MLP card;

   (e)information to improve the Michel’s website and services, including by means of product development and market and behavioural research; and

   (f)information for operational management of the MLP.

   5. Marketing consent: the Member provides their express consent to Michel’s:

   (a)sending the Member marketing communications via email, SMS, in-app notifications or other digital means, including (but not limited to) news, updates, offers, and promotions.

   (b)The Member can opt out of receiving all or any communications listed above:

   (i)  for email and digital advertising by updating their email preferences;

   (ii) for in-app notifications via their app preferences;

   (iii)for SMS messages, by opting out directly from an SMS.

   6. The use and disclosure of the Member’s personal information may include (but not limited to):

   (a)use of the Member’s information to keep them informed about promotions, products, offers, and discounts regarding Michel’s; and

   (b)for the planning, research, marketing and product, service development and to contact them as a result of any dealing they may have had at Michel’s or at a Michel’s Store.

   7. Michel’s will take all reasonable steps to ensure the Member’s personal information is protected from unauthorised access, misuse, modification and disclosure while stored or transmitted by Michel’s.
   8. The Member agrees that the above collection of information and security of communications cannot be guaranteed and to the extent permitted by law, Michel’s is not liable for unauthorised access.
   9. The Member agrees that in using the MLP App, they consent to our use of the location of their device, in order that Michel’s can provide the MLP App functionalities to the Member, such as store location.
   10. Michel’s reserves the right to charge a nominal fee to cover retrieval costs in the event of a complex and comprehensive request for access to information.
   11. This clause 9 survives the termination of these Terms and Conditions and the termination or suspension of the MLP.
10. GENERAL
    1. In these Terms and Conditions “we”, “us”, or “our” means RFGA Management Pty Ltd ACN 071 765 609 (‘Michel’s’) or its authorised representatives.
    2. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.