VendSwift Term's And Condition's

Welcome to VendSwift - a new way to pay for certain vending machine purchases that is brought to you by Coca-Cola Amatil (Aust) Pty Limited (ABN 68 076 594 119) of 40 Mount St, North Sydney, New South Wales 2060, Australia (“Coca-Cola Amatil”, “we” or “us”).

Please read these terms and conditions carefully as they set out the basis on which we will provide VendSwift.

• 1. APPLICATION OF TERMS AND CONDITIONS
• • 1.1. By accessing and using VendSwift you are deemed to have accepted these terms and conditions (“Terms”).
  • 1.2. You must be aged 13 years or older to use VendSwift. If you are aged 13 years or older, but less than 18 years, you must obtain permission from your parent or legal guardian before using VendSwift. By accessing and using VendSwift, you confirm that you:
  • • 1.2.1. are aged 13 years or older; and
    • 1.2.2. have any permissions required by these Terms and any laws or regulations.
  • 1.3. If you do not agree to these Terms, you are not authorised to access and use VendSwift and you must immediately stop doing so.

• 2. CHANGES
• • The nature of our business is constantly evolving and therefore the terms and conditions for accessing and using VendSwift will also change over time. We will inform you of any changes to these Terms. If you do not agree to any revisions of these Terms, you will be unable to keep using VendSwift.

• 3. DEFINITIONS
• • 3.1. App means any device application published by us that you have downloaded and registered against your VendSwift Account.
  • 3.2. Braintree means our Payment processing partner, Braintree (www.braintreepayments.com) is a division of PayPal Australia Pty Ltd ABN 93 111 195 389.
  • 3.3. Payment means paying for any purchase you make through VendSwift.
  • 3.4. Product(s) means any beverage, snack or other product we make available for sale via a Vending Machine.
  • 3.5. Vending Machine means a self-service vending machine that we own, from which Products can be purchased and which has VendSwift enabled.
  • 3.6. VendSwift is a service that lets you make purchases from Vending Machines using wireless technologies and may include the use of the App or a web service that we make available from time to time in connection with the VendSwift service.
  • 3.7. VendSwift Account means your account with us against which your Payment method is stored, and from where our charges to you for the cost of the Products purchased by you from Vending Machines are deducted.
  • 3.8. VendSwift Underlying Systems means the database and web services that store and process data you send to us and your transactions using VendSwift.

• 4. YOUR OBLIGATIONS
• • 4.1. VendSwift is provided to you for personal, non-commercial use only.
  • 4.2. In order for VendSwift to function effectively, you must also keep your details up to date and accurate. If you do not do this, the accuracy and effectiveness of our provision of VendSwift to you may be affected and VendSwift may not operate as intended. You must provide true, current and complete information in your dealings with us (including when setting up your VendSwift Account), and must promptly update that information as required so that the information remains true, current and complete at all times. You must not misrepresent any information which you provide to us.
  • 4.3. You must keep the login credentials for your VendSwift Account (for example, any user names or passwords) secure and:
  • • 4.3.1. not permit any other person to use your login credentials, including by not disclosing or providing it to any other person and by ensuring that others do not have access to your account; and
    • 4.3.2. immediately notify us if you become aware of any unauthorised use or disclosure of your login credentials, by sending an email to VendSwift ‘Help and Support’ at the following address: info@vendswift.com.au.
  • 4.4. You must not:
  • • 4.4.1. act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, VendSwift or any VendSwift Underlying System, or otherwise attempt to damage or interfere with VendSwift or any VendSwift Underlying System;
    • 4.4.2. except to the extent necessary to use VendSwift for its intended purpose, copy or distribute VendSwift in whole or in part in any visual or machine-readable form;
    • 4.4.3. copy, translate, modify, vary, adapt, create derivative works from, decompile, or reverse-engineer VendSwift (or cause or permit any person to do so), or otherwise attempt to derive VendSwift’s or VendSwift Underlying Systems' source code from object code, in whole or in part;
    • 4.4.4. sell, transfer, licence, sublicense, display, lease, assign or otherwise exploit, deal with or grant a security interest in VendSwift; or
    • 4.4.5. merge all or any part of VendSwift or the VendSwift Underlying Systems with any other product, software or source code.

• 5. INTELLECTUAL PROPERTY
• • 5.1. We own or are licensee of all proprietary and intellectual property rights in VendSwift (including all copyright, trade marks, logos, information, data, text, designs, graphics, artwork, photographs, icons, sound recordings, videos and look and feel) and the VendSwift Underlying Systems (including the software source code), as well as (for the avoidance if doubt) any copies, adaptations, translations, modifications or derivative works of any of the foregoing.
  • 5.2. Nothing in these Terms, or your use of VendSwift, gives you or any other party any right to use any of our trade marks, or the trade marks of The Coca-Cola Company or of any other person who has granted to us the right to use any trade marks. You agree at all times to respect the validity and ownership of such trade marks and the goodwill attached to those trade marks and not to do or omit to do any act or thing or allow any act or thing to occur or omit to occur which may put in issue the validity or ownership of those trade marks.
  • 5.3. If you provide us with ideas, comments or suggestions relating to VendSwift, all intellectual property rights in that feedback, and any thing created as a result of that feedback (including enhancements, modifications or derivative works), are automatically assigned to us upon creation and owned solely by us. We may use or disclose that feedback for any purpose.
  • 5.4. You grant to us an irrevocable, perpetual, fully paid-up, worldwide licence to use, copy, translate, modify, vary, adapt and create derivative works from any of your feedback or user content that you provide to us in relation to VendSwift for the purposes of marketing and advertising VendSwift and any related services.

• 6. CREATING AN ACCOUNT
• • 6.1. To use VendSwift, you must register and create a VendSwift Account (which may require you to provide information such as an email address and a password).
  • 6.2. You will also need to register a payment method for purchases using your VendSwift Account. You can register a credit card, debit card or PayPal account through a service provided by Braintree. VendSwift and Coca-Cola Amatil do not store sensitive payment data, instead the data is stored by Braintree and a payment token is shared with Coca-Cola Amatil to be attached to your VendSwift Account. For information on how Braintree and PayPal use your personal information, please visit https://www.paypal.com/au/webapps/mpp/ua/privacy-full. To learn more about the Braintree services please refer to www.braintreepayments.com.

• 7. USING YOUR ACCOUNT AND PAYING
• • 7.1. VendSwift is a service that enables you to purchase Products from Vending Machines using wireless technology and may be provided through the App or a web service that we make available from time to time in connection with the VendSwift service.
  • 7.2. When you (for example) tap “Buy Now” in the App, or click the “Start my Purchase” button in the VendSwift web service, you are agreeing to pay us the value of the Products that form your purchase from the Vending Machine. The total purchase price charged to the payment token stored on your VendSwift Account will be the price of the Product that you selected and received from the Vending Machine.
  • 7.3. When the Product has been vended you will be charged using the stored payment token in order to effect Payment.
  • 7.4. If the Payment fails we will notify you and apply for Payment again. We will re-apply for Payment for a period of 10 days, during which time your VendSwift Account will not be able to be used. If we have not been paid the relevant amount within that 10 day period, your VendSwift Account will continue to be suspended after the end of that period.
  • 7.5. If we are unable to collect the money owed to us for your purchase, we retain the right to close your VendSwift Account immediately and suspend your access to VendSwift and we reserve our rights. We will provide you with notice via email of our intention to close your VendSwift Account.

• 8. USING THE APP
• • 8.1. By using the App, you acknowledge and agree that these Terms also apply to any use by you of the App.
  • 8.2. To assist our delivery of the best possible service to you in the App we require access to certain features within your device. We will use these features only to deliver VendSwift and not anything else. When you download and register with VendSwift you will be asked to provide access to your device’s:
  • • 8.2.1. Location Services – we will use this to determine your location and which Vending Machines are nearest to you; and
    • 8.2.2. Background Refresh – we will use this to download the latest Vending Machine information for the App, including product stock levels, prices, promotions and the Vending Machine name.
  • 8.3. From time to time, you may have access to promotions (which may include special offers and/or discounts). Full details of those promotions will be made available at the time you are given access to a promotion. These Terms apply to any promotions. We may change or withdraw any promotion from time to time.

• 9. CLOSING OR TERMINATING YOUR ACCOUNT
• • 9.1. If you have not used your VendSwift Account for 12 months, your VendSwift Account will automatically be closed.
  • 9.2. Notwithstanding anything else in these Terms, we may terminate VendSwift and your VendSwift Account for any reason by giving you at least 30 days’ prior written notice.
  • 9.3. We may terminate your VendSwift Account immediately without notifying you:
  • • 9.3.1. in the event of your non-compliance with any of these Terms; or
    • 9.3.2. if we suspect you of using your VendSwift Account for unlawful purposes or committing, or attempting to commit, a fraud in relation to your VendSwift Account.
  • 9.4. You may close your VendSwift Account by sending us an email at the following email address: info@vendswift.com.au. We will acknowledge your request and will close your VendSwift Account within 30 days from receipt of your instructions provided that there are no outstanding Payments on your VendSwift Account.
  • 9.5. Without in any way limiting the other provisions of these Terms (including with respect to collecting Payments), following the closure or termination of your VendSwift Account, your personal and payment details will be deleted and we will not contact you in relation to VendSwift (unless you register to use VendSwift again).

• 10. PRIVACY
• • 10.1. Where Coca-Cola Amatil collects personal information from or about you in order to provide you with VendSwift or your use of your VendSwift Account, our Privacy Policy will apply. For an explanation of our practices and policies relating to the collection, use and storage of your personal information, please refer to our Privacy Policy at the following link: https://www.ccamatil.com/en/privacy-policy.

• 11. LIMITATIONS
• • 11.1. Subject to clause 11.2, any liability of Coca-Cola Amatil for any loss or damage, however caused (including by the negligence of Coca-Cola Amatil), suffered by you in connection with VendSwift is, to the fullest extent permitted by law, excluded.
  • 11.2. If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by Coca-Cola Amatil in connection with these Terms, and Coca-Cola Amatil’s liability for failing to comply with that guarantee cannot be excluded but may be limited, clause 11.1 (and any inconsistent limitation expressed elsewhere in this agreement) does not apply to that liability and instead Coca-Cola Amatil’s liability for such failure is limited to (at the election of Coca-Cola Amatil), in the case of a supply of goods, Coca-Cola Amatil replacing the goods or paying the cost of having the goods repaired or replaced or supplying equivalent goods or repairing the goods, or in the case of a supply of services, Coca-Cola Amatil supplying the services again or paying the cost of having the services supplied again.

• 12. GENERAL
• • 12.1. If we need to contact you about your VendSwift Account, we may do so by email. You agree that this satisfies all legal requirements in relation to notices and written communications.
  • 12.2. These Terms, and any dispute relating to these Terms or VendSwift, are governed by and must be interpreted in accordance with the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales in relation to any dispute connected with these Terms or VendSwift.
  • 12.3. In order to access and use VendSwift you must provide at your own expense the equipment, internet connections or devices and/or service plans to access and use VendSwift. We do not guarantee that VendSwift can be accessed on all devices or wireless service connections. We do not guarantee that VendSwift is available in all geographic locations, and do not guarantee the quality, speed, or availability of your internet connection. You acknowledge that VendSwift is not error free, and that it may contain errors that do not cause it to operate as intended. You acknowledge that when you use VendSwift, your wireless/data carrier may charge you fees for data, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS VENDSWIFT FROM YOUR EQUIPMENT.
  • 12.4. You acknowledge that:
  • • 12.4.1. your use of VendSwift is dependent on the availability of the internet or a mobile service and your use of an adequate and appropriately configured mobile device with an up to date operating system; and
    • 12.4.2. use or access to VendSwift including the VendSwift App may be interrupted or unavailable from time to time due to technical faults or maintenance.
  • As a consequence of this, you agree that we will not be liable for and do not accept any responsibility for any loss, damage or delay caused as a result of any failure or deficiency or lack of availability of the internet or a mobile service or failure or lack of compatibility of any mobile device.