About the Shop App

  1. The Shop Application (“the Shop App”) facilitates orders for goods and services from customers using the “MyCC App” to communicate and order services from you in an efficient and secure manner whilst providing community focused charitable options (“the Services”).
  2. The Shop 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 Shop App and any associated products or services is governed by these Terms and Conditions (“the Terms”). Usage of the Shop 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 Shop 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 Shop App or by signifying your acceptance in any other manner.

Services

  1. To enable access to the Services you must register the Shop App and provide the information requested at registration and this includes:-
    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 My Order Payments Pty Ltd ACN 641 443 870 who in turn will share, only as required, your information with approved and associated merchant service providers whom it engages from time to time to facilitate trade sales in shop or on line of via MyCC App through the Shop App or any of the Services;
  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 Shop 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 Shop App of which you become aware;
    4. facilitate, via the MyCC App or the Shop App, donations of the value of a FREE Coffee in “$” to charity. The value of the donation is set and managed within your shop admin and defaulted at pre-set minimum value. Donations are triggered by;
      1. “Take or Donate” feature – a customer’s choice of electing you, the Shop, to donate the set amount instead of the customer receiving a free coffee.
      2. “Donate Only” feature – reaching the threshold of loyalty completion, as set by you in the shop admin.
    5. agree to permit the Shop 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 Shop App in any manner other than in accordance with the Terms and for the purpose in clause 1;
    2. share your administration log in information with any other persons;
    3. use the Shop App or the Services for any other commercial purpose;
    4. use the Shop App or the Services for any illegal and/or unauthorised use of any nature.

Copyright and Intellectual Property

  1. The Shop 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 Shop App pursuant to the Terms for your commercial use.
  3. MyCC remains the owner of all information residing on the Shop App at any time together with all rights, title and interest in and to the Shop 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 Shop 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 Shop 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 Shop 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. How to Delete your MyCC Shop App Account:-
    1. Log in to the MyCC Shop App;
    2. Select settings and then Request Account Deletion;
    3. This will prompt you to enter the Admin PIN Code;
    4. An email will be sent to the Shop Owners email address to verify & authorise the request;
    5. The Shop Owner clicks the link, which takes them to MyCC Admin displaying information about the Delete Request along with 2 options;
      • Deny or Cancel the request.
      • Accept & Proceed with the request.
    6. When selecting to proceed, you will be asked to authenticate it by entering your credentials again;
    7. Upon authentication, the Shop is removed from use immediately to prevent further sales/donations.
    8. Shop Owner is notified by email for their records.
    9. We (‘MyCC’) will store data in accordance with the Australian Taxation Office (ATO) requirements and s286 of the Corporations Act, which requires written financial records (e.g., books of prime entry, sales and debtor records, creditors ledger, invoices, etc.) to be kept for a minimum of 7 years. The ATO’s rules may be updated from time to time which you should review on their website at https://www.ato.gov.au/Business/Record-keeping-for-business/Overview-of-record-keeping-rules-for-business/;
    10. To request any historical transcation data after deletion has occured, we (‘MyCC’) must receive an email from the registered shop owners email address and it must be sent to [email protected].
  3. MyCC may terminate your user license and prohibit you from use of the Shop 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 Shop 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 Shop App, the Services or the Terms.

General

  1. You use the Shop App and the Services at your own risk. The Shop 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 Shop App or MyCC 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 Shop App or the MyCC 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

Last Updated: June 8th 2023