Gloria Jean’s Reward Club – Terms and Conditions

INTRODUCTION

1.1 By registering as a Member for the Gloria Jean’s Rewards Club (‘GJRC’), you agree to be bound by the following terms and conditions (‘Terms and Conditions’) provided by RFGA Management Pty Ltd ACN 071 764 609 (‘Gloria Jean’s’).

1.2 The GJRC is the rebrand of the eSipper loyalty program, terms of which are amended consistent with the Terms and Conditions.

1.3 The Terms and Conditions are intended to protect Members and Gloria Jean’s. It is the Member’s responsibility to read and understand them.

1.4 The GJRC remains the property of Gloria Jean’s at all times.

1.5 The 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.

1.6 Gloria Jean’s may amend, suspend or terminate the Terms and Conditions from time to time. The current terms and conditions are those available at www.gloriajeanscoffees.com.au. Material changes to the Terms and Condition will be communicated to Members in accordance with clause six (6) of the Terms and Conditions.

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

REQUIREMENTS FOR MEMBERSHIP IN GJRC

2.1 An individual is eligible to become a Member of the GJRC 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 the GJRC App and completes the Registration process in the GJRC App; or

ii. completes Registration of their GJRC Card at www.gloriajeanscoffees.com.au/rewards

2.2 Notwithstanding clause 2.1, Membership is offered at the sole discretion of Gloria Jean’s. To avoid doubt, Gloria Jean’s may accept or reject any application to participate in the GJRC at its sole and absolute discretion (acting reasonably).

2.3 Membership is not available to:-

(a) Gloria Jean’s employees;
(b) Franchisees; or
(c) employees’ of a Franchisee; or
(d) and immediate family members to any of the persons named in (a) – (c) above.

2.4 Membership is limited to one (1) account per person and is not transferable.

2.5 Membership to the GJRC 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 Gloria Jean’s Privacy Policy referred to herein, as amended from time to time with notice to the Member.

MEMBER OBLIGATIONS

(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 GJRC Card or mobile device (where the GJRC App has been installed) is lost or stolen; and/or
(c) they would like to cancel their Membership.

3.2 Members can make changes to their details, or provide the written notice required in clause 3.1 above directly via the CONTACT US page on the Gloria Jean’s website (www.gloriajeanscoffees.com.au)

3.3 Members are to keep their GJRC Card and/or GJRC App details safe, secure and confidential.

3.4 Gloria Jean’s is not responsible for any loss (financial or otherwise), including but not limited to loss of points or benefits available to GJRC Members, in connection with any failure by a Member to duly notify Gloria Jean’s of any change in their details.

3.5 Gloria Jean’s is not liable for any unauthorised use of the GJRC Card or GJRC App. This includes, but is not limited to, any delay by a Member to report a lost, misplaced or stolen GJRC Card or GJRC App

3.6 GJRC Cards or the GJRC App are not legal tender and remain the property of Gloria Jean’s.

3.7 Members must not:

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

(b) abuse or misuse the GJRC 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 Gloria Jean’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; and

(iv) acting in a hostile, abusive or aggressive way towards any Gloria Jean’s employees and/or a Franchisee or their employees.

Errors, Lost or Stolen Cards
3.8 3.8 Should a Member wish to make a claim for any error in the allocation of GJ Rewards, within twenty-eight (28) days of the transaction taking place, the Member must email Gloria Jean’s at hello@rfg.com.au  with Membership number, a detailed summary of the error they believe has occurred and supporting receipts for the transaction.

3.9 The Member must notify Gloria Jean’s immediately if their GJRC Card or mobile device (where the GJRC App has been installed) has been lost or stolen or damaged, by contacting Gloria Jean’s by one of the methods outlined at clause 3.2.

3.10 If a Member’s GJRC Card and/or mobile device (where the GJRC App has been installed) has been lost, stolen or damaged:

(a) GJ’s Rewards will not be awarded or accrue once a Member has reported to Gloria Jean’s (in accordance clause 3.1 and 3.2) an event subject of clause 3.9, until a replacement GJRC Card and/or GJRC App has been activated and/or issued

(b) Gloria Jean’s may issue the Member with a replacement GJRC Card with a new identification number.

(c) Any GJ’s Rewards awarded or accrued by a Member who has completed Registration (as at the date of a valid notification in accordance with clause 3.9 above) will be transferred to the Member’s new Membership.

(d) Gloria Jean’s reserve the right to charge for issuing a Member a replacement GJRC Card (if applicable).

(e) At Gloria Jean’s reasonable discretion, any GJ Rewards awarded or accrued on a GJRC Card and/or GJRC App that was not Registered (as at the date of a valid notification in accordance with clause 3.9 above) may be cancelled without compensation to the Member.

3.11 Gloria Jean’s may request information or identification from a Member to confirm and/or verify their Membership to the GJRC. If the Member does not provide the requested identification or information, Gloria Jean’s may not be able to issue a replacement GJRC Card, cancel or activate a new Membership or transfer any accrued GJ Rewards or credit points.

Cancellation, Suspension and Termination
3.12 Gloria Jean’s reserves the right, at any time without notice, to immediately:

(a) terminate the GJRC (subject to notice required under clause 3.15);

(b) suspend or terminate a Member’s Membership to the GJRC at is sole discretion (acting reasonably);

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

(d) reject an application for Membership; or

(e) reverse or withdraw of any GJ Rewards awarded or accrued or earned on a Membership.

3.13 Members agree that the grounds for Gloria Jean’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 GJRC or undermines the legitimate interests of Gloria Jean’s;

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

(d) a Member has not used their Gloria Jean’s Rewards for twelve (12) months, including earning or redemption of GJ’s Rewards.

(e) death or bankruptcy of the Member; or

(f) any other reason Gloria Jean’s deems reasonable.

3.14 If Gloria Jean’s terminates or suspends a Membership, it may at its sole discretion terminate any or all GJ’s Rewards earned on the GJRC without compensation.
3.15 If Gloria Jean’s terminates the GJRC by giving the Member at least twenty-one (21) days’ Notice:

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

(b) the Member’s existing awarded or accrued GJ’s Rewards will be forfeited and cancelled, and Gloria Jean’s shall have no further liability to the Member.

3.16 A Member may terminate their Membership at any time by providing written notice in accordance with clause 3.1. In terminating their Membership, a Member:

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

(b) any accrued GJ’s Rewards will be forfeited, and Gloria Jean’s shall have no further liability to the Member.

3.17 Deleting the GJRC App will not terminate a Member’s account. A written request to terminate the Membership must be submitted in accordance with clause 3.2.
3.18 If requested by Gloria Jean’s, on termination of the Membership, the Member must return the GJRC Card to Gloria Jean’s within fourteen (14) days.

GJ REWARDS

4.2 A Member who completes the Registration process will receive one (1) free small size GJs Beverage, each year (Birthday Reward). The Birthday Reward will be issued to the eligible Member’s GJ Reward Account on the first day of the month of the Member’s date of birth registered on their Membership. The Birthday Reward will expire at 11:59pm on the last day of the month of their birthday (as registered on their Membership) . Members must complete Registration at least one (1) month prior to their birthday to be eligible to receive the Birthday Reward.

4.3 Members of the GJRC are entitled to earn and redeem GJ Points on Eligible Transactions, consistent with the terms and conditions outlined in clause 4.4 – 4.17.

4.4 GJ Points:-

(a) are earned and allocated to Members at the Earn Rate;

(b) can be redeemed by a Member who have completed Registration, for a GJs Beverage at the Redemption Rate;

(c) must be redeemed within twelve (12) months from the date they were applied or loaded on a Member’s GJ Rewards Account, after which, any unused GJ Points will be cancelled and no longer available for redemption or use by the Member.

(d) are not able to be redeemed or exchanged for Australian Dollars;

(e) are only available to be earned and/or redeemed in an Eligible Transaction made at participating Gloria Jean’s Outlet. Accordingly, excludes any transaction made online or through third-party ordering platforms.

4.5 To earn or redeem GJ Points in an Eligible Transaction:

(a) prior to the conclusion of the Eligible Transaction, a Member must present the QR Code within the GJRC App or their GJRC Card for, at the point of sale at the participating Gloria Jean’s Outlet.

(b) The team member employed at the participating Gloria Jean’s Outlet must scan or swipe the GJRC Card or GJRC App through the point of sale.

(c) If a Member’s GJRC Card or GJRC App is not presented at the point of sale, or presented after the transaction is completed, Gloria Jean’s will not (under any circumstances) issue GJ Points or allow the redemption of GJ Points, in relation to that transaction.

(d) In order for a purchase to be counted as an Eligible Transaction, the above steps must be complied with.

(e) GJ Points will be awarded to the Member’s GJ Rewards Account after the completion of the Eligible Transaction and are only recognised and available for redemption after they are successfully processed to the Member’s GJ Rewards Account.

4.6 A Member may not redeem GJ Rewards to claim more than two (2) free GJ Beverage within a 24 hour period.

4.7 GJ Rewards redeemed for a GJs Beverage (consistent with clause 4.1, 4.2 and 4.3 above) does not include any changes to the standard drink menu, including but not limited to syrup flavors, additional shots and/or alternate milks, which may be requested by the Member, however subject to a charge determined by the Gloria Jean’s Outlet.

4.8 GJ Points will be awarded the Member’s GJ Rewards Account following an Eligible Transaction. GJs Points shall only be available for redemption once processed and available on the Member’s GJ Rewards Account.

4.9 Members who have completed Registration can view their points balance, which have been earned by accessing the ‘GJRC Card’ section of their GJRC APP or by visiting www.gloriajeanscofees.com.au/rewards and entering their valid login details. Members who have not completed Registration will be unable to view their GJ Points and GJ Rewards via the GJRC App or at or www.gloriajeanscofees.com.au/rewards. Members who have not completed Registration will only be able to view their acquired GJ Points and GJ Rewards instore via a team member employed at the participating Gloria Jean’s Outlet.

4.10 Members will be provided at least twenty-one (21) days’ notice, via notifications within the GJRC App, or email (as applicable) of any GJ Rewards that are due to expire so that they may avail themselves of the GJRC and any accrued GJ Rewards. Such communication shall be deemed as a service-based contact requirement and will still be sent to the Member, regardless of whether it opted-out of receiving marketing communication.

4.11 Member’s rights under the Terms and Conditions cannot be sold, transferred or assigned except in accordance with the Terms and Conditions.

4.12 GJ Rewards are not the personal property of the Member and are only redeemable in accordance with these terms and conditions (as amended from time to time by Gloria Jean’s) and always only at participating GJ’s Outlets.

4.13 GJ 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 Gloria Jean’s in writing.
4.14 At the time of earning or redeeming GJ Rewards, Gloria Jean’s (or its affiliates, including but not limited to its franchisees and their employees) reserves the right to request identification to verify the identify of the Member.
4.15 Gloria Jean’s will reverse or withhold from a Membership any GJ Rewards that have been, or are to due be, earner or accrued to that Membership that:

(a) have been credited to the Membership in error; and/or

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

4.16 Gloria Jean’s may introduce promotional programs relating to the GJRC whereby these Terms and Conditions may be varied as applicable to such programs.

4.17 The redemption of GJ Rewards may be subject to availability. Gloria Jean’s is not responsible if GJ Rewards are not available for any reason. Participating GJ’s Outlets may substitute some GJ Rewards in the event not all rewards are available.

ADDITIONAL BENEFITS AND PROMOTIONS

5.1 Members may qualify for other benefits or rewards or promotions which may be offered by Gloria Jean’s from time to time (“GJ Promotions”).

5.2 5.2 GJ Promotions will be advertised by Gloria Jean’s and/or its associated entities or franchisees by a method at the direction of Gloria Jean’s (this may include but not limited to mail, SMS, email, in participating GJ’s Outlets advertising material, social media and/or the Gloria Jean’s website www.gloriajeanscoffee.com.au/rewards and will have terms and conditions specific for that promotion.

CHANGES TO GJRC

6.1 Subject to clause 6.2, Gloria Jean’s, at its discretion, may make any changes (whether material or otherwise) to the Terms and Conditions, including, without limitation:

(a) GJ Points , including

(b) Registration;

(c) what constitutes a Qualified Transaction;

(d) the points or rewards a Member can earn in a Qualified Transaction;

(e) benefits of the Membership;

(f) the period for expiry of existing or future GJ’s Rewards.

6.2 Gloria Jean’s will use best efforts to advise Members of material changes to the Terms and Conditions. Where such changes will limit the GJRC, Gloria Jean’s will use best efforts to give Members at least twenty-one (21) days’ notice.
6.3 Without limiting this clause 6 in anyway, Members will be taken to have received the notice referred to in clause 6.2 if Gloria Jean’s notifies Members of a change, by one of the following methods:

(a) via publishing on the Gloria Jean’s website (www.gloriajeanscoffee.com.au/rewards);

(b) the GJRC Member portal;

(c) by SMS;

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

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

(f) by any other direct communications (email or via post) sent to Members.

6.4 Transfer of eSipper points Any Membership with accrued eSipper points at the date of the launch of GJRC, will have the balance of their points transferred to the new program. Redeem Rate. Any eSipper points transferred to GJs Points under this clause will be subject to the maximum number of GJ points a Member may accrued outlined at clause 4.6. Following the launch of GJRC, a Member is not able to earn eSipper points on purchases made in a Gloria Jean’s Outlet, but will earn GJRC points.

6.5  Reinstated GJ points If, at any time, GJ Points are reinstated and/or applied on to a Member’s GJ’s Reward Account (for any reasons what so ever, including but not limited to, the exercise of our discretion or award of a prize or promotion), said GJ Points will be subject to all terms and condition of the GJRC, including but not limited to, clause 4.4 (b) whereby any remaining points will be cancelled twelve (12) months after the date they were applied or loaded on a Member’s GJ Rewards Account

LIABILITY

7.1 To the maximum extent permitted by law, Gloria Jean’s will not be liable to them in any way (including negligent acts and omissions) with respect to:

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

(b) any GJ Rewards that are unused as at the date of cancellation or termination of their Membership or the GJRC;

(c) any unauthorised use of a GJRC App or GJRC Card as a result of their delay to report the lost or stolen GJRC App or GJRC Card to Gloria Jean’s;

(d) delay in issuing GJ Rewards to a Membership (including any replacement of the GJRC Card or GJRC App);

(e) damage, theft or loss to of any GJRC App or GJRC Card or documentation issued by Gloria Jean’s by post or delivery;

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

(g) GJ Rewards or other benefit provided to the Member under the GJRC;

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

(i) any failure or inability to provide GJ 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 GJRC 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 GJRC.

7.2 The Member agrees that the above limitation of liability also applies to Gloria Jean’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.

NOTICES

8.1 The Member acknowledges and agrees that Gloria Jean’s may provide any notice required under the Terms and Condition by any one of the methods outlined a clause 6.3 (a) – (f).

PRIVACY AND COLLECTION NOTICE TO MEMBERS

9.1 This privacy notice is provided to the Member by Gloria Jean’s and contains important information regarding the collection, use, disclosure, security and access of the Member’s personal information.
9.2 Gloria Jean’s Privacy Policy can be obtained via our website (www.rfg.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.
9.3 The Member consents to Gloria Jean’s contacting them from time to time, including telephone, post, facsimile and electronic (i.e. SMS, internet) methods.
9.4 Collection: The information Gloria Jean’s collects is:

(a) the information provided by the Member on the registration page of the GJRC App or website located at www.gloriajeanscoffee.com.au/rewards;

(b) transactional information when the Member shops using their GJRC App and/or GJRC 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 Gloria Jean’s website or that the Member provides on the GJ Rewards website at www.gloriajeanscoffee.com.au or www.gloriajeanscoffee.com.au/rewards;

(d) information regarding the Member’s payment preferences in conjunction with their GJRC App and/or GJRC Card;

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

(f) information for operational management of the GJRC.

9.5 Marketing consent: the Member provides their express consent to Gloria Jean’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.

9.6 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 Gloria Jean’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 Gloria Jean’s or at a GJ Outlet.

9.7 Gloria Jean’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 Gloria Jean’s.
9.8 The Member agrees that the above collection of information and security of communications cannot be guaranteed and to the extent permitted by law, Gloria Jean’s is not liable for unauthorised access.
9.9 The Member agrees that in using the GJRC App, they consent to our use of the location of their device, in order that Gloria Jean’s can provide the GJRC App functionalities to the Member, such as store location.
9.10 Gloria Jean’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.
9.11 This clause 9 survives the termination of these Terms and Conditions and the termination or suspension of the GJRC.

GENERAL

10.1 In these Terms and Conditions “we”, “us”, or “our” means RFGA Management Pty Ltd ACN 071 764 609 (‘Gloria Jean’s) or its authorised representatives.
10.2 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.

DEFINITIONS

“GJs Beverage” means either a GJs-crafted Cold Drink or GJs-crafted Hot Drink.
“Earn Rate” means

earn 70 GJ Points when purchasing a small sized GJs Beverage in an Eligible Transaction.

earn 100 GJ Points when purchasing a regular sized GJs Beverage in an Eligible Transaction; and

earn 130 GJ Points when purchasing a large sized GJs Beverage in an Eligible Transaction.

Eligible Transaction means, subject to a Member’s compliance with clause 4.5 (a) – (e) and 4.6, a transaction made through a point of sale system at a participating Gloria Jean’s Outlet, which must include a GJs Beverage.

“Franchisee” ” means a person or entity who has the right to operate a Gloria Jean’s Coffee business pursuant to the terms of a franchise agreement.
“GJs Beverage” ” means either a GJs-crafted Cold Drink or GJs-crafted Hot Drink.
“GJs-crafted Cold Drink” means a Gloria Jean’s-crafted cold drink identified in Annexure A and expressly excludes all items not included in the table.
“GJs-crafted Hot Drink” means a Gloria Jean’s-crafted hot drink identified in Annexure A and expressly excludes all items not included in the table.
“GJ’s Outlet” means a business operated as a Gloria Jean’s Coffees outlet (for a full list of store locations visit www.gloriajeanscoffee.com.au/stores/).
“GJRC” means the rewards program operated and managed by Gloria Jean’s under which a Member may accrue or redeem GJ Rewards in accordance with these Terms and Conditions.
“GJRC App”” means the rewards app scheme provided by Gloria Jean’s for use by each Member in relation to the GJRC.
“GJRC Card” means the rewards card scheme provided by Gloria Jean’s for use by each Member in relation to the GJRC.
“GJ’s Rewards”means GJ Points, Birthday Rewards, Registration Rewards, GJ Promotions, along with promotions relating to coffees, hot and cold beverages, Gloria Jean’s products, promotional prizes (including goods and services) as nominated by Gloria Jean’s from time to time in its absolute discretion and subject always to availability.
“GJ Rewards Account” means a Member’s account and/or membership to the GJRC .
“Member” means a person who has completed Registration in the GJRC.
“Membership” means Membership of the GJRC Card and/or GJRC App to the GJRC.
“QR Code”means the two-dimensional version of the barcode found within the GJRC App.
“Redeem Rate” means

redeem 700 GJ Points for a small sized GJs Beverage;

redeem 1000 GJ Points for a regular sized GJs Beverage; and

redeem 1300 GJ Points for a large sized GJs Beverage.

“Registration” means registering your details (including your full name, gender, date of birth, email address, telephone or mobile phone number, postal address and the unique GJRP Card number printed on the card (as applicable) in the GJRC APP, and or at the Gloria Jean’s website www.gloriajeanscoffee.com.au/rewards.
“Terms and Conditions” means the GJRC Terms and Conditions set out in this agreement (as amended by Gloria Jean’s from time to time in accordance with this agreement).
Annexure A
GJ-crafted Hot Drink and GJ-crafted Cold Drink