About the App

  1. The Application (“the App”) facilitates your order for food and beverage from your preferred supplier enabling you to locate, communicate and order services you require in an efficient and secure manner whilst providing community focused charitable options (“the Services”).
  2. The App is a product of PWJ Solutions Pty Ltd ACN 629 826 786 which holds and is entitled to usage of the MyCC Intellectual Property and assets. Your right to use the App and any associated products or services is governed by these Terms and Conditions (“the Terms”). Usage of the App or any associated products or services is your agreement that you have read, understood and agreed to be bound by the Terms. Please read the Terms carefully. If you do not agree with the Terms you must cease usage of the App or any of the Services immediately.
  3. MyCC may change any of the Terms at any time by updating this page. Changes to the Terms shall take immediate effect.

Your Acceptance

  1. You accept the Terms by installing the App or by signifying your acceptance in any other manner.

Services

  1. To enable access to the Services you must register on the App and provide:-
    1. First Name
    2. Last Name
    3. Mobile Number
    4. Email address
    5. Password (remains confidential as it is encrypted)
  2. You agree to:-
    1. always provide accurate, correct and up to date information; and
    2. permit MyCC to share your information with hospitality outlets and My Order Payments Pty Ltd ACN 641 443 870;
      to permit the Services to be supplied to you.
  3. You must not register if:-
    1. you are less than 18 years of age; or
    2. if it would be unlawful for you to use the Services.

Your Agreement

  1. You shall:-
    1. only use the Services in accordance with the Terms in accordance with laws of Australia;
    2. not permit any person to use the App in your name and shall protect your Personal Information at all times and be solely responsible for the protection of confidentiality of your Personal Information;
    3. immediately notify MyCC of any unauthorised use of your Personal Information or any breach of security in respect of the App of which you become aware;
    4. pay for all products and services which you order utilising the App;
    5. exercise your voluntary and free choice when considering any request to a hospitality outlet to indicate a charitable donation using the App;
    6. agree to permit the MyCC App to be used for tracing and associated storage and referral purposes if we are required by local law and required to do so.
  2. You shall not:-
    1. use the App in any manner other than in accordance with the Terms and for the purpose in clause 1;
    2. share your Personal Information with any other persons;
    3. use the App or the Services for any commercial purpose;
    4. use the App or the Services for any illegal and/or unauthorised use of any nature.

Copyright and Intellectual Property

  1. The App, the Services and all related products of MyCC are protected by and subject to copyright under the laws of Australia and internationally. This includes, but is not limited to all software, text, graphics, images, audio clips, logos, codes, scripts, button icons and other elements or features.
  2. Subject to your strict compliance with these Terms and Conditions, MyCC grants to you a non-exclusive, royalty free, revokable user license to use the App pursuant to the Terms for your own personal and non-commercial use.
  3. MyCC remains the owner of all information residing on the App at any time together with all rights, title and interest in and to the App and the Services and in no event do you acquire any ownership rights in any assets of MyCC, including but not limited to:-
    1. trading name, domain name, trademark, patent, business name, registered copyright; or
    2. any know-how, system or process of MyCC.
  4. You must not at any time or in any manner:-
    1. copy, modify, translate or create any derivative system or operation based on the App or the Services;
    2. republish, transmit, post, distribute, broadcast, upload to another party or change the Services for any purpose otherwise than in accordance with the Terms.
  5. If you upload, publish, broadcast, transmit or distribute any information on the App then you grant to MyCC and any intended receiver of that information a non-exclusive, transferable, perpetual, royalty free, irrevocable worldwide license to MyCC and the recipient to transmit, distribute and use that information.

Privacy

  1. MyCC is operated in accordance with Australian Privacy Principles and complies with the Privacy Act 1988 (Cwth). A copy of MyCC’s Privacy Policy is available on the MyCC website at www.mycoffeecounts.com.au

Limitation of Liability

  1. MyCC’s maximum liability arising out of your use of the App, the Services or these Terms shall in no event exceed:-
    1. the total amount that you have paid to MyCC; or
    2. resupply of the Services to you.

MyCC, its employees, agents, contractors and licensees shall not be liable to you for any incidental, consequential or exemplary damages or loss of profits whether incurred directly or indirectly and in any manner or circumstance whatsoever.

Termination

  1. You may terminate your user license at any time without notice to MyCC.
  2. MyCC may terminate your user license and prohibit you from use of the App or the Services if:-
    1. you have breached any of the Terms;
    2. MyCC no longer provides the Services.

MyCC reserves the right to discontinue or cancel the App and the Services at any time in its sole discretion without notice.

Indemnity

  1. You agree to indemnify MyCC, its employees, agents, contractors and other licensees from and against any liability arising out of or in connection with the information which you provide to MyCC or resulting from any breach by you of the Terms.

Governing Law

  1. The Terms are governed by the laws of Queensland, Australia. You agree to submit to the laws of Queensland, Australia in the event of any dispute or claim arising out of or in any way related to your use of the App, the Services or the Terms.

General

  1. You use the App and the Services at your own risk. The App and the Services are provided to you without warranty in “as is” condition.
  2. You acknowledge and agree that you have received no representation from MyCC regarding the continued availability of the Services and that MyCC shall have no liability to you in respect of any of the following:-
    1. error (including any incorrect pricing or other information displayed on the App), omission, interruption, deletion, defect, failure of performance, delay of operation, loss of data, unlawful third party conduct, device or computer virus;
    2. the Services or associated links provided by MyCC;
    3. costs or losses incurred as a result of using the App or the Services;
    4. lack of updates.
  3. To the maximum extent permitted by law all terms, guarantees, representations, warranties or conditions that are not expressly stated in the Terms are excluded.
  4. If any of the Terms are found to be unenforceable by a Court they shall be severed and the rest of the Terms shall remain in force and effect.