VendSwift – Terms of Use

Last revision date: 21 April 2023
Version: 1.0

Parties and subject matter
These terms of use (“Terms”) set out the terms on which Coca-Cola Europacific Partners Australia Pty Ltd (ABN 68 076 594 119) (“we”, “our” or “us”) allows you to access and use the Platform, which is known as VendSwift.
Your acceptance of these Terms
By using the Platform, you agree to comply with and to be bound by these Terms. You acknowledge and agree that you must not use the Platform unless you have read and accepted these Terms.
Your right to access the Platform
Subject to your acceptance of and compliance with these Terms, we grant you a non-exclusive, revocable, limited licence to access and use the Platform solely for your personal, non-commercial use.
Minimum requirements to use the Platform
To be able to use the Platform:
1. you must be aged 16 years or older. If you are aged 16 years or older, but less than 18 years, you must obtain permission from your parent or legal guardian before using the Platform. By accessing and using the Platform, you confirm that you:
  1. are aged 16 years or older; and
  2. have any permissions required by these Terms and any laws or regulations;
2. you must have a compatible mobile device with a compatible operating system (and we can provide you with device and operating system compatibility requirements on request);
3. your compatible device must be connected to a Wi-Fi broadband connection or have adequate access to the internet (minimum 3G or 4G); and
4. you will need to create an account with us to which your payment method to use the Platform (stored by Braintree) is linked (Account), where you will:
  1. be required to provide information such as an email address and generate a password; and
  2. need to register a payment method (such as a credit card, debit card or PayPal account) for Payments, which will be completed through and stored by Braintree. We will not have access to, or store, your payment data. Instead, a payment token will be shared with us by Braintree and we will link the payment token to your Account. For information on how Braintree and PayPal use your personal information, please visit Paypal Privacy Statement. To learn more about Braintree’s services please refer to www.braintreepayments.com.
Purchasing products on the Platform
1. When you confirm the purchase of a product you have selected to vend from our vending machine using the platform (including, for example, if you tap “Buy Now” on the mobile application or click the “Start my Purchase” button on the Platform’s web service):
  1. you are agreeing to pay us the value of the product(s) that you have selected to vend from our vending machine; and
  2. the price at which you are purchasing the product(s) you have selected to vend will be charged to the payment token linked to your Account.
2. When the product(s) you have selected to vend from our vending machine are vended, you will be charged using the stored payment token linked to your Account in order to complete Payment.
3. 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 Account will be suspended and not able to be used by you. If we have not been paid the relevant amount within that 10 day period, your Account will continue to be suspended after the end of that period.
4. If we are unable to collect payment for the amount owed to us in relation to the product(s) that you have selected to vend from our vending machine, we retain the right to close your Account immediately and restrict your access to the Platform, and we otherwise reserve our rights. We will give you prior notice by email if we intend to close your Account.
General requirements
1. You are responsible for and must:
  1. keep secure the login credentials for your Account (including, but not limited to, any user name and password) and any unique activation codes (Activation Code) issued to you by us, which includes not disclosing or providing your login credentials or Activation Codes to any third party or allowing any third parties to access your Account; and
  2. notify us as soon as possible after you become aware of your login credentials or your Activation Code have been disclosed, provided or made available to, or otherwise accessed by, any third party, by sending an email to us at the following address: vendswiftaustralia@ccep.com .
2. You must:
  1. provide true, current and complete information in your dealings with us (including when setting up your Account), and not misrepresent any information that you provide to us; and
  2. promptly update the information you provide to us – including the details relating to your Account – so that it remains true, current and complete at all times.
  If you do not do this, the accuracy and effectiveness of the Platform may be affected and it may not operate as intended.
3. In order for us to provide the services to be delivered through the Platform, we will require access to certain features on your device. We will use these features only to deliver the Platform and not anything else. When you access and use the Platform, you will be asked to provide us with access to your device’s:
  1. Location Service, so that we can determine your location and which of our vending machines are nearest to you; and
  2. Background Refresh, so that we can download the latest information about our vending machines to the Platform, including product stock levels, prices, promotions and the location of the vending machine.
  If you do not do this, the accuracy and effectiveness of the Platform may be affected and it may not operate as intended.
General restrictions
You must not:
1. resupply, resell, sublicense or make available, or otherwise allow any other person to access or use, the Platform or any part of it;
2. decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the Platform, including any source code, object code, algorithms, methods or techniques used or embodied therein;
3. use your Account, the Platform or any part of it:
  1. to engage in any fraudulent or unlawful behaviour, or to defame, menace or harass any third party;
  2. to gain unauthorised access to or interfere with any online resources or systems of any third party, including by any form of hacking;
  3. to distribute unsolicited emails to third parties, including bulk unsolicited emails;
  4. in any manner that is likely to result in our systems, or that of any other person, being affected by any virus, worm, Trojan or similar computer program;
  5. in a way that infringes the Intellectual Property Rights or any other rights of any person;
  6. in a way that disrupts, misuses or excessively uses our hardware, bandwidth access, storage space or other resources, or that of our other customers; or
  7. in connection with any data mine, scrape, crawl, email harvest or any other process that sends automated queries.
Privacy
1. We will handle any personal information you provide or make available to us in accordance with the Privacy Act 1988 (Cth), and otherwise in accordance with the CCEP Privacy Notice for the VendSwift Platform. You acknowledge and agree that the Platform may track, and we may collect and use, information regarding the location of the device on which the Platform is used, even when the Platform is closed or not in use. In relation to any personal information you provide or make available to us in connection with the Platform or these Terms, you must ensure that you have obtained all consents and made all disclosures required to allow you to provide or make available the relevant information to us lawfully, and to enable us to use the relevant information lawfully to provide the Platform to you.
2. Some elements of the Platform may be operated or otherwise made available by our licensors, including Intuit Mailchimp (Intuit Privacy Statement) and PaperKite (Paperkite Privacy Policy). We have contractual arrangements with these licensors which include data protection clauses. In addition, these licensors have their own Privacy Policies (links) which apply to any personal data that they may collect for the purposes of the Platform.
Intellectual property
1. We (or our licensors, as applicable) own and retain at all times all Intellectual Property Rights in the Platform or any material we provide or make available to you in connection with the Platform or these Terms (“Our IP”). All modifications and enhancements to Our IP are also to be treated as Our IP.
2. If you modify or enhance any Our IP in any way, you assign to us all Intellectual Property Rights in those modifications or enhancements immediately from creation.
3. If you provide us with any ideas, comments or suggestions relating to the Platform, 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.
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 the Platform for the purposes of marketing and advertising the Platform and any related services.
5. Subject to the other provisions of this clause 9, you retain all Intellectual Property Rights in all data, information and materials you provide to us through or in connection with the Platform (“Your IP”). You grant us a non-exclusive, sub-licensable licence to use, reproduce and modify Your IP for the purpose of providing the Platform to you.
Acknowledgements and limitations in relation to the Platform
To the extent permitted by applicable law and subject to clause 14, you acknowledge and agree that:
1. the Platform may be unavailable from time to time, and we make no representation or warranty in relation to the availability of the Platform, and we do not guarantee, represent or warrant that access to the Platform will be continuous or error free;
2. the Platform, including all information, functionality, features and data made available to you in or through the Platform are provided to you solely for information and convenience purposes;
3. some functionalities and features of the Platform require the Platform to identify the location of the device on which the Platform is used, and those functionalities and features will not be available to you unless you agree and configure your device to enable the Platform to identify the location of your device;
4. in order to access and use the Platform, you must provide at your own expense the equipment, internet connection and device required to access and use the Platform;
5. we do not guarantee, represent or warrant that the Platform can be accessed in all geographic locations or on all devices or wireless service connections;
6. your use of the Platform is dependent on
  1. the availability of the internet or a mobile service; and
  2. you using an adequate and appropriately configured device with an up to date operating system,
  where 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 device;
7. your wireless, internet or data service provider may charge you fees for data, messaging and other wireless access when accessing and using the Platform, and we do not accept any responsibility for any costs you incur to access or use the Platform from your device. We recommend you check with your service provider to see if there are any such fees that apply to you or your device; and
8. you may be given access to promotions (such as special offers or discounts) on the Platform, where:
  1. full details of a promotion will be made available at the time you are given access to the promotion; and
  2. these Terms apply to each promotion; and
  3. we may change or withdraw any promotion from time to time.
How we can make changes to these Terms
We may change these Terms at any time. We will notify you via email, your mobile device or the Platform itself, if we make material changes that are detrimental to you or to your rights. In the event that we make any changes to these Terms, you are not required to accept them if you do not agree with them, but you will not be able to and must not use the Platform and must cease using the Platform unless you have accepted the amended Terms.
How we can make changes to the Platform
We may update or make changes to the Platform from time to time. We will notify you via email, your mobile device or the Platform itself, if we make material changes that are detrimental to you or to your use of the Platform. If you do not accept any changes or modifications we have made to the Platform as contemplated in this clause, your licence to the Platform will automatically be terminated and you must cease using the Platform immediately.
Our liability to you in connection with the Platform
1. If we are liable to you in any way in relation to these Terms or the Platform (including for any claim that we have failed to comply with any guarantee for which liability cannot be excluded but may be limited under the Competition and Consumer Act 2010 (Cth) or any other legislation), then to the extent permitted by law, our liability to you is limited to:
  1. replacing and resupplying the Platform to you or paying the cost of having the Platform replaced and resupplied to you (at our election); or
  2. resupplying the relevant service within the Platform to you or paying the cost of having that service supplied to you again (at our election),
  as applicable.
2. Subject to clause 13(a), we are not liable for any Consequential Loss however caused (including by our negligence), that you suffer or incur in connection with these Terms or the Platform.
Suspending, closing or terminating your Account
1. If you have not used your Account for 12 months, your Account will automatically be closed.
2. Notwithstanding anything else in these Terms, we may terminate your Account and the licence granted to you under clause 3:
  1. for any reason by giving you at least 30 days’ prior written notice; or
  2. immediately, where we are required to suspend, close or terminate your Account by law or any regulatory authority, in which case we will give you as much notice as is reasonably practicable in the circumstances.
3. We may terminate your Account and the licence granted to you under clause 3 immediately without advance notice:
  1. if you fail to comply with any of the Terms; or
  2. if we suspect that your Account is otherwise being used for unlawful or fraudulent purposes.
4. If we close your Account in accordance with clause 5(d), we may also restrict your access to the Platform in the future (such as preventing you from opening a new Account).
5. You acknowledge that there may be circumstances in which we suspend the use of your Account even though you are not in breach of the Terms (such as, for example, if we have detected fraudulent, or potentially fraudulent, activity on your Account).
6. You may close your Account by sending us an email to the following email address: . We will acknowledge your request and will close your Account within 30 days from receipt of your email provided there are no outstanding Payments on your Account.
Governing law
The laws of New South Wales (Australia) govern these Terms and each party irrevocably submits to the jurisdiction of the courts of that place and courts competent to hear appeals from those courts.
We use subcontractors
You acknowledge and agree that we may use subcontractors to provide or make available the Platform to you.
General
1. A right under these Terms may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.
2. Each provision of these Terms will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
3. Except as otherwise provided in these Terms, if you or we are required to give notice under the Terms, the notice must be given via email.
Definitions
In these Terms, the terms set out below have the following meaning:
1. Account has the meaning given to it in clause 4(d).
2. Braintree means our Payment processing partner, Braintree (www.braintreepayments.com), a division of PayPal Australia Pty Limited (ABN 93 111 195 389).
3. Consequential Loss means any indirect, special or consequential loss (being a loss that does not arise naturally, that is, according to the ordinary course of things, whether or not the parties were aware of the possibility of such loss), or any loss of revenues, loss of reputation, consequential loss, loss of profits, loss of bargain, loss of actual or anticipated savings, loss or corruption of data or lost opportunities (including opportunities to enter into arrangements with third parties).
4. Intellectual Property Rights means all industrial and intellectual property rights anywhere in the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, trade secret, knowhow, trade or business or company name, or right of registration of such rights.
5. Payment means payment for a product through the Platform.
6. Platform means each of the following:
  1. any platform that we own or license which provides a service enabling payment for beverage, snack and other products we make available for purchase in our vending machines using wireless technology; and
  2. any other platform that we own or license in connection with that service, including for promotional, advertising and marketing purposes,
  as provided through a device application or web service that we make available from time to time.
7. Terms has the meaning given to it in clause 1.
8. we, our and us have the meaning given to them in clause 1.
9. you or your means the individual accepting these terms and using the Platform, or, if the individual is accepting these terms on behalf of and using the Platform for the legal entity that employs them, that legal entity.

VendSwift – Terms of Use

Last revision date: 21 April 2023 Version: 1.0

Last revision date: 21 April 2023
Version: 1.0