Members Terms and Conditions

Welcome to Goodies!

We look forward to being in contact with you, and to seeing you often.

Here are the terms (Terms) that we need you to agree to in order to use the Goodies application on your mobile device (Goodies Application) and become a Goodies Member.

icoffee Loyalty Limited (ICOFFEE, we, us) provides the benefit of becoming a member of Goodies. When you click "Sign up” or "Log in" on the membership registration page you agree to be bound by these Terms.

We reserve the right to change, alter or modify these Terms at any time and will update you of this by sending you a note to the contact details you have advised us of on registration or any update or these that you have advised us of and by updating the "last updated" notice beside the link to these Terms. If after we have done this you do not advise us that your wish to terminate your membership with Goodies, then you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed or not.

1. Access to Services

No one under 13 is allowed to create an account or use the Services. If you are under 18, you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you represent, warrant, and agree that:

• you can form a binding contract with Goodies;
• you are not a convicted sex offender; and;
• you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).

You will be responsible for:

• ensuring that any account name and password (Goodies Login) required to access and/or use the Goodies Application is kept secure and confidential and not revealed to any other person.
• notifying Goodies immediately of any unauthorised use of the Goodies Login or Goodies Application or any other breach of security. Upon your notification, Goodies will cease to rely on that account name and password.

2. Registration

When you sign up to Goodies you will provide Goodies with certain information (including your email address and name). You may also be asked to enter optional personal information such as age, mobile phone number. By entering such it will give you the ability to use a broader range of features.

Where you are a Google or Apple member we offer you the option of logging in with your Google or Apple membership details. Where you choose this option then you will remain bound by the terms of Google or Apple when you are using them and you provide us with the authority to copy your Google or Apple membership details to Goodies.

You confirm that all information provided at the time of registration:

• is current, complete and accurate information at the time provided by you and you agree to maintain and update this information as necessary; and
• may be used by us to verify the accuracy of the information (including by contacting you).
• Where you agree to receive communications from Goodies, Goodies may use the information provided by you at registration to send you information about Goodies.

3. Rights We Grant You

As between you and us, Goodies (and its licensors) is the owner of the Services, including all proprietary content, information, material, software, images, text, graphics (including any Bitmoji avatars that you may assemble using visual elements we provide), illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and “look and feel” of the Services, and all related intellectual property rights. Goodies grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using and enjoying the Services in a way that these Terms and our policies.

4. Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.

For all content you submit to the Services, you grant Goodies and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

We, our affiliates, and our third-party partners may place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.

We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions

5. The Content of Others

Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user or entity that submitted it. Although ICOFFEE reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—guarantee that other users or the content they provide through the Services will comply with our Terms

6. Termination of Right to use the Services

You or we may terminate this agreement at any time. Without limiting the foregoing, we have the right to immediately terminate your member account in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of a failure by you to comply with any of these Terms.

Where Goodies terminates this agreement, Goodies will remove all access privileges to the Goodies Application, deactivate your Goodies Application account, and remove your information from use.

7. Liability

You agree to indemnify and hold us and our officers and employees (Goodies Representatives) harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to or arising out of:

• reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your account details (including your username and/or password), your content on Goodies Application or any instruction given by you or actions taken by you;
• your breach of any of these Terms; or
• any conduct of yours or any transaction entered into by you that does not comply with the relevant law;
• the conduct or content of other users or third parties on or through the services;
• unauthorized access, use, or alteration of your content, even if we have been advised of the possibility of such damages.

You acknowledge and agree that:

• We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
• the services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. in addition, while we attempt to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free, or timely; (b) the services will always function without delays, disruptions, or imperfections; or (c) that any content, user content, or information you obtain on or through the services will be timely or accurate
• neither we nor our affiliates take responsibility or assume liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. you understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which we or our affiliates will be responsible for
• Goodies make no warranties that the Website or Goodies Application will meet your requirements or that the Website or Goodies Application will operate uninterrupted, secure or error–free;
• Goodies or Goodies Representatives will not have any liability, on any legal basis whatsoever, to you or any third person for any indirect, special, exemplary, incidental or consequential damages, including but not limited to damages for loss of profits, use, data or other intangibles, arising out of or related to your use of the Website or Goodies Application;

8. Privacy

Please refer to the Privacy Policy for further conditions relating to your personal information, what we collect and how it may be used. By continuing to use this Website you agree to the terms of such Privacy Policy.

9. Resolution of Disputes

If you have a complaint or a dispute with Goodies or a Goodies Partner, our goal is to learn about and address your concerns promptly. If we are unable to do so to your satisfaction, we want you to have a neutral and cost effective means of resolving the issue quickly. Any complaint or dispute you may have:

• that involve Goodies may be reported to Goodies via e-mail at contact@icoffee.app;
• with regard to a Goodies Partner with respect to the services or the products or services offered by the Goodies Partner should be reported directly to the Goodies Partner.

Where any dispute arises between you and another member another user of the Website or a Goodies Partner in relation to any usage of the Website or your Goodies Application (including in relation to any Content posted or transmitted) you agree to act in good faith in relation to that other user to use your best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.

10. Severability

If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

11. Law

These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.