Terms & Conditions
- By registering as a Member for the Michel’s Loyalty program (‘MLP’), you agree to be bound by the following terms and conditions (‘Terms and Conditions’) of the MLP provided by RFGA Management Pty Ltd ACN 071 765 609 (‘Michel’s).
- These Terms and Conditions are intended to protect Members and Michel’s. It is the Member’s responsibility to read and understand them.
- The MLP remains the property of Michel’s at all times.
- These Terms and Conditions are deemed to have been accepted and will be binding on a Member at the time of Registration and agreeing to be bound by the Terms and Conditions at Registration and thereafter, each time the Member uses their MLP Card or App.
- These 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.
- These Terms and Conditions may be amended by Michel’s from time to time. The current terms and conditions are those available at www.michels.com.au/loyalty. Members will be provided with a copy of the Terms and Conditions at the time of joining the MLP and material changes will be notified to Members in accordance with clause 8.
- Any failure or delay by Michel’s in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights and any waiver by Michel’s must be in writing and signed by an authorised officer of Michel’s.
- REQUIREMENTS FOR MEMBERSHIP IN MICHEL’S LOYALTY PROGRAM
- An individual is eligible to become a Member of the MLP if:
- Notwithstanding clause 2.1, Membership is offered at the sole discretion of Michel’s. To avoid doubt, Michel’s may accept or reject any application to participate at its sole and absolute discretion (acting reasonably).
- Membership is not available to Michel’s staff, employees and associated family members.
- Membership is limited to one (1) account per person and is not transferable.
- Membership is free although Michel’s reserves the right to charge a nominal fee for a replacement MLP Card in its discretion.
(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 and registers in the MLPApp; or
ii.completes Registration of their MLP Card at www.michels.com.au/loyalty
- MEMBER OBLIGATIONS
- Members are to inform Michel’s via written notice if:
- Members can make changes to their details directly at www.michels.com.au/loyalty, via the MLP App or by contacting the Michel’s Marketing Team via the CONTACT US page on the Michel’s website.
- Members are to keep their MLP Card and or MLP App details safe, secure and confidential.
- Michel’s is not responsible for any loss (financial or otherwise), loss of points or benefits available to MLP Members in connection with any failure by a Member to duly notify Michel’s of any change in their details.
- Michel’sis not liable for any unauthorised use of the MLP Card or MLP App, This includes, but is not limited to, any delay by a Member to report a lost, misplaced or stolen MLP Card or MLP App. Michel’s Rewards will not accrue on a Member’s account once a Member has reported that their MLP Card or MLP App has been lost, misplaced or stolen.
- MLP Cards or the MLP App are not legal tender, credit or debit cards and remain the property of Michel’s.
- Members must not:
- Should a Member wish to make a claim for any errors in the allocation of Michel’s Rewards, they must email Michel’sat email@example.com with a detailed summary of the error they believe has occurred and supporting receipts for the transaction within twenty eight (28) days of the transaction that took place.
- The Member must notify Michel’s immediately if your MLP card or smart phone has been lost or stolen or damaged, by contacting the Michel’s Marketing Team at firstname.lastname@example.org
- If a Member’s MLP Card and or smart phone has been lost, stolen or damaged:
- Michel’s reserves the right, at any time without notice, to immediately:
- Members agree that the grounds for Michel’s doing any of the acts in clause 3.11 include (but are not limited to):
- If Michel’s terminates or suspends a Membership, it may at its sole discretion terminate any or all Michel’s Rewards earned on the MLP without compensation.
- If Michel’s terminates the MLP by giving the Member at least fourteen (14) days’ Notice:
- A Member may terminate their Membership at any time by providing written notice by email to Michel’s. In terminating their Membership, a Member:
- Deleting the MLP App will not terminate a Member’s account.
(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 MLP Card or mobile device is lost or stolen; and/or
(c)(c) they would like to close their account.
(a)act in anyway which breaches these Terms and Conditions; or
(b)abuse or misuse the MLP 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 Michel’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; or
(iv)acting in a hostile, abusive or aggressive way towards any Michel’s staff.
Errors, Lost or Stolen Cards
(a)Michel’s Rewards will not accrue once a Member has reported a MLP app and/or card as lost or stolen to Michel’s, until a replacement card / app has been activated and issued.
(b)Michel’s may issue the Member with a replacement Michel’s Loyalty Card with a new identification number.
(c)Any Michel’s Rewards earned on the App or Card as at the date of valid notification to Michel’s that the Michel’s Loyalty card and/or App was lost, stolen or damaged will be transferred to the Member’s new Michel’s Loyalty Program.
(d)Michel’s reserve the right to charge for issuing a Member a replacement Michel’s Loyalty Card (if applicable).
Cancellation, Suspension and Termination
(a)terminate the MLP;
(b)suspend or terminate Membership in the MLP at is sole discretion (acting reasonably);
(c)decline to issue or cancel the MLP App or MLP card (including any replacement MLP App or MLP card);
(d)reject an application for Membership; or
(e)reverse any Michel’s Rewards credited to an account.
(a)a breach of these Terms and Conditions;
(b)conduct that is an abuse of Membership, the MLP or undermines the legitimate interests of Michel’s;
(c)where Michel’s Rewards are earned by fraudulent, misleading or dishonest conduct or suspected fraudulent, misleading or dishonest conduct;
(d)a Member has not used their Michel’s Loyalty account for twelve (12) months, including earning or redemption of Michel’s Rewards within a consecutive twelve (12) month period;
(e)death or bankruptcy of the Member; or
(f)any other reason Michel’s deems reasonable.
(a)the Member will not be eligible to earn Michel’s Rewards from the date of the Notice;
(b)the Member’s existing allocation of Michel’s Rewards will be forfeited and cancelled, and Michel’s shall have no further liability to the Member.
(a)will not be eligible to earn Michel’s Rewards from the date of providing Michel’s with written notice;
(b)any existing allocation of Michel’s Rewards will be forfeited and cancelled, and Michel’s shall have no further liability to the Member.
- MICHEL’S REWARDS
- The MLP entitles Members to receive a free small or regular size Michel’s-crafted Hot Drink after seven (7) regular or large size Michel’s-crafted Hot Drinks (of equal or greater value) are purchased (i.e. 8th Michel’s-crafted Hot Drink is free).
- A reward for the purposes of MLP, is earned each time the Member uses their MLP Card or MLP App to purchase a Michel’s-crafted Hot Drink at a participating Michel’s store (“Qualified Purchase”).
- For each Qualified Purchase, the Member will receive one (1) credit point. After having accrued seven (7) credit points, the Member will receive one (1) free Michel’s-crafted Hot Drink of their choice.
- For the avoidance of doubt the free Michel’s-crafted Hot Drink is a ‘small’ or ‘regular’ size only.
- To obtain a credit towards a Michel’s-crafted Hot Drink:
- The free Michel’s-crafted Hot Drink will be available on the Member’s account for up to three(3) months from the date on which they accrue.
- It is recommended that a Member uses their free Michel’s-crafted Hot Drink on the visit immediately after the purchase of the seventh (7th) Michel’s-crafted Hot Drink to ensure they reap the benefits of the MLP.
- A Member may redeem no more than four (4) accrued free Michel’s-crafted Hot Drinks within any single transaction.
- Members will be provided ten (10) days’ notice, via SMS or notifications within the MLP App, or email (as applicable) of any Michel’s Rewards that are due to expire so that they may avail themselves of the MLP and any accrued Michel’s Rewards.
- Michel’s Rewards are not able to be redeemed or exchanged for other items, or any currency whatsoever, including Australian dollars.
- Member’s rights under these Terms and Conditions cannot be sold, transferred or assigned except in accordance with these Terms and Conditions.
- Michel’s Rewards are not the personal property of the Member and are only redeemable for Michel’s Rewards that form part of the MLP (as amended from time to time by Michel’s) and always only at participating Michel’s Stores.
- Michel’s 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 Michel’s in writing.
- Michel’s will reverse from a Member’s MLP account any rewards that have been or are to be credited to that Member’s MLP Account that:
- All accrued Michel’s Rewards must be redeemed within three (3) months from the date they were applied to the MLP card or MLP App, after which the Michel’s Rewards will be cancelled.
- Michel’s may introduce promotion programs relating to the MLP whereby these Terms and Conditions may be varied as applicable to such programs.
- Michel’s reserves the right to de-register and make ineligible for any reward a Members MLP Card or MLP App that has incurred an Inactive Period for two (2) consecutive years.
- All Michel’s Rewards are subject to availability. Michel’s is not responsible if a reward is not available for any reason. Participating Michel’s stores may substitute a Michel’s Reward, at the Members discretion, in the event said reward is not available.
- Michel’s reserves the right to request identification from the Member that they are the registered MLP App and / or Card holder.
(a)Members must, at the beginning of the purchase of their Michel’s-crafted Hot Drink, present the QR Code within the MLP App via their smart phone for scanning, or present their MLP Card for swiping, at the Point of Sale (“POS”) prior to the conclusion of the transaction at the participating Michel’s Store.
(b)The team Member employed at the participating Michel’s Store must scan the MLP Card or MLP App at the POS facility.
(c)In order for a purchase to be counted as a Qualified Purchase, the above steps must be complied with.
(d)Michel’s Rewards will be awarded to the Members Michel’s Loyalty account after their transaction has completed and are only recognised and available after they are successfully processed to the Member’s MLP Account.
(e)Members can view the beverage count acquired on their MLP Account at any time by visiting the ‘MLP Card’ section of their MLP APP or by visiting /loyalty and entering their valid login details.
(a)have been credited to their MLP Account in error; and/or
(b)relates to a transaction which has been cancelled, reversed, or relates to a refund given; and/or
(c)there are other grounds Michel’s considers reasonable to warrant a reversal including (without limitation) Michel’s Rewards awarded through fraudulent, misleading or deceptive conduct by the Member, or persons associated with the Member.
- ADDITIONAL BENEFITS AND PROMOTIONS
- Members may qualify for other benefits or rewards or promotions which may be offered by Michel’s from time to time (“Other Benefits or promotions”).
- Other Benefits or promotions will be advertised by Michel’s and/or its associated entities or franchisees by a method at the direction of Michel’s (this may include by mail, SMS, email, in participating Michel’s Stores’ advertising material, social media and/or the Michel’swebsite www.michels.com.au/loyalty and will have terms and conditions specific for that promotion.
- CHANGES TO MLP
- Subject to clause 6.2, Michel’s, at its discretion, may make any changes (whether material or otherwise) to these Terms and Conditions, including, without limitation:
- Michel’s will use best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit the MLP, to give Members at least twenty-one (21) days’ notice.
- Without limiting this clause 6 in anyway, Members will be taken to have received the notice referred to in clause 6.2 if Michel’s notifies Members of any change:
(a)the range of Members and method of redemption.
(b)the points or credit a Member can earn per transaction;
(c)the range of Michel’s Rewards and the number of points or credit, or consideration,required for Michel’s Rewards;
(d)the period for expiry of existing or future Michel’s Rewards on a Member’s account.
(a)via the Michel’s website (www.michels.com.au/loyalty);
(b)the MLP Member portal;
(d)via the Member’s last disclosed postal address;
(e)via the Member’s mobile number; and/or
(f)by any other direct communications sent to Members.
- To the maximum extent permitted by law, Michel’s will not be liable to them in any way (including negligent acts and omissions) with respect to:
- The Memberagrees that the above limitation of liability also applies to Michel’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.
(a)any breach of these Terms and Conditions (express or implied by law) by any person or representative other than an authorised representative of Michel’s;
(b)any Michel’s Rewards that are unused as at the date of cancellation or termination of their Membership or the MLP;
(c)any unauthorised use of a MLP App or MLP card as a result of their delay to report the lost or stolen MLPApp or MLP card to Michel’s;
(d)delay in issuing Michel’s Rewards to a Member’s MLP account or replacement of the MLP card or MLP App;
(e)damage, theft or loss to of any MLP App or MLP card or documentation issued by Michel’s by post or delivery;
(f)for matters of and incidental to the termination or suspension of the MLP, Membership or the MLP;
(g)(g) Michel’s Rewards or other benefit provided to the Member under the MLP;
(h)any death, loss or damage as a result of the Membership under the MLP;
(i)any failure or inability to provide Michel’s 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 MLP 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 MLP.
- The Member acknowledges and agrees that Michel’s may provide them Notice:
(a)by email, post or SMS to the last known postal address or email address or mobile number provided on the Michel’s Loyalty APP or Member Portal; or
(b)on the Michel’s website.
- PRIVACY, COLLECTION, USE & DISCLOSURE
- This privacy notice is provided to the Member by Michel’s and contains important information regarding the collection, use, disclosure, security and access of the Member’s personal information.
- The Member consents to Michel’s contacting them from time to time, including telephone, post, facsimile and electronic (i.e. SMS, internet) methods.
- Collection: The information Michel’s collects is:
- Marketing consent: the Member provides their express consent to Michel’s:
- The use and disclosure of the Member’s personal information may include (but not limited to):
- Michel’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 Michel’s.
- The Member agrees that the above collection of information and security of communications cannot be guaranteed and to the extent permitted by law, Michel’s is not liable for unauthorised access.
- The Member agrees that in using the MLP App, they consent to our use of the location of their device, in order that Michel’s can provide the MLP App functionalities to the Member, such as store location.
- Michel’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.
- This clause 9 survives the termination of these Terms and Conditions and the termination or suspension of the MLP.
(a)the information provided by the Member on the registration page of the Michel’s Loyalty App or website located at www.michels.com.au/loyalty;
(b)transactional information when the Member shops using their Michel’s Loyalty App and/or 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 Michel’s website or that the Member provides on the Michel’s Loyalty website at www.michels.com.au/loyalty;
(d)information regarding the Member’s payment preferences in conjunction with their Michel’s Loyalty App and/or MLP card;
(e)information to improve the Michel’s website and services, including by means of product development and market and behavioural research; and
(f)information for operational management of the MLP.
(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.
(a)use of the Member’s information to keep them informed about promotions, products, offers, and discounts regarding Michel’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 Michel’s or at a Michel’s Store.
- In these Terms and Conditions “we”, “us”, or “our” means RFGA Management Pty Ltd ACN 071 765 609 (‘Michel’s’) or its authorised representatives.
- 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.
“Michel’s-crafted” includes a drink, such as those falling within the categories: ‘Hot Drinks’, as set out on the Michel’s menu from time to time and otherwise prepared on the premises of the participating Michel’s Store and served in a Michel’s branded cup. Michel’s-crafted does not include any pre-bottled beverages
“Michel’s-crafted Hot Drink” means a Michel’s-crafted hot drink identified in Annexure A and expressly excludes all items not included in the table.
“Michel’s Marketing Team” means the marketing team of Michel’s. The Michel’s Marketing Team can be contacted via the following methods:
(a)Email – email@example.com
(b)customer care team via website CONTACT US page
(c)Post – Michel’s Marketing Team, PO Box 4223, Robina QLD 4230
“MLP”means the loyalty program operated and managed by Michel’s under which a Member may accrue or redeem Michel’s Rewards in accordance with these Terms and Conditions.
“MLP App” means the loyalty app scheme provided by Michel’s for use by each Member in relation to the Michel’s Loyalty Program.
“MLP Card” means the loyalty card scheme provided by Michel’s for use by each Member in relation to the Michel’s Loyalty Program.
“Michel’s Rewards”means coffees, hot beverages, Michel’s products, promotional prizes (including goods and services, as nominated by Michel’s from time to time in its absolute discretion and subject always to availability).
“Michel’s Store” means any franchised or corporate operated Michel’s store (for a full list of store locations visit www.michels.com.au/stores).
“Inactive Period” means either one of the following as the context applies:
(i)the time between the Purchase and Registration;
(ii)the time between last use of the MLP Card and/or MLP App and when the MLP Card and/or MLP App was reactivated in accordance with these Terms and Conditions; or
(iii)no purchase activity for two (2) consecutive years.
“Member” means a person who has completed Registration in the MLP.
“Membership” means Membership of the MLP Card and/or MLP App
“Registration” means registering your details (including your full name, sex, date of birth, email address, telephone or mobile phone number, postal address and the unique MLP Card number printed on the card (as applicable) in the MLP App, and or at the Michel’s website www.michels.com.au/loyalty.
“Terms and Conditions” means the MLP Terms and Conditions set out in this agreement (as amended by Michel’s from time to time in accordance with this agreement).
In accordance with clause 4 of these Terms and Conditions, the following is a list of approved Michel’s-crafted hot drinks available for redemption as part of the MLP. All excluded items listed are not available as a reward for the purposes of the MLP. Subject to availability.
|Included Michel’s-crafted Hot Drinks
(small or regular size only)