1. Agreement to these Terms

By accessing or using PerkCup, you agree to these Terms and our Privacy Policy. If you do not agree, you must not use the service.

2. The PerkCup service

PerkCup provides a platform that may include customer accounts, loyalty and reward features, referrals, promotions, ordering tools, cafe owner tools, and integrations with third-party service providers such as payment or POS systems. Features may vary by cafe, device, region, or rollout stage.

3. Eligibility and accounts

• you must provide accurate information when creating or using an account
• you are responsible for keeping your login credentials secure
• you are responsible for activity that occurs through your account unless caused by our own fault or a system error outside your control
• we may suspend or restrict access where we reasonably believe there is fraud, misuse, security risk, or breach of these Terms

4. Cafe-linked services

PerkCup connects users with participating cafes. Menu availability, pricing, rewards, referrals, promotions, ordering options, operating hours, and fulfilment terms may differ between cafes. Participating cafes remain responsible for their own products, menu accuracy, preparation, availability, venue-specific pricing decisions, fulfilment handling, and customer service at the cafe level unless explicitly stated otherwise.

5. Orders, availability, and fulfilment

• orders placed through PerkCup are subject to availability, acceptance, operational constraints, and any connected system limitations
• menu information, pricing, modifiers, promotions, and stock status may change
• estimated preparation or pickup times are indicative only unless explicitly guaranteed
• PerkCup may need to cancel, delay, re-route, or review orders where operational, payment, security, or integration issues arise

6. Payments, refunds, and billing

Payments may be processed through third-party payment providers or connected merchant/payment infrastructure. By placing an order or using a paid service, you authorise the applicable payment method and acknowledge that processing may involve third-party systems.

Refunds, adjustments, and order issue handling may depend on the type of transaction, the participating cafe, the connected payment flow, and the operational cause of the issue. In some cases, the relevant cafe may be the primary party responsible for deciding whether a refund, remake, substitution, or operational remedy is appropriate. Some matters may need investigation before resolution.

7. Rewards, referrals, promotions, and misuse

• rewards, promotions, referrals, and loyalty benefits are subject to eligibility rules, cafe settings, and campaign conditions
• PerkCup may correct, withhold, reverse, or remove benefits where there is fraud, abuse, technical error, duplicate activity, manipulation, or breach of program conditions
• rewards and offers may expire, change, or be discontinued unless clearly promised otherwise
• customers must not create fake referrals, manipulate reward flows, or abuse offers or promo mechanics

8. Acceptable use

You must not use PerkCup to:

• commit fraud or misrepresent yourself
• attempt to interfere with platform security, payment integrity, or service operation
• exploit bugs, duplicate promotions, or reward system weaknesses
• harass, abuse, or unlawfully target customers, cafes, or platform users
• use PerkCup in breach of applicable law or third-party rights

9. Owner and cafe tools

If you use PerkCup as a cafe owner, manager, or operator, you are responsible for ensuring that information you provide is accurate, that you are authorised to act for the relevant business or venue, and that you use owner tools lawfully and in line with any separate commercial arrangement with PerkCup.

10. Third-party services

PerkCup may integrate with or rely on third-party services, including payment providers, POS platforms, hosting providers, messaging services, analytics tools, or app distribution platforms. We are not responsible for independent third-party services beyond the extent required by law.

11. Intellectual property

PerkCup and its licensors retain rights in the platform, software, branding, content, and associated materials, except where third-party or cafe-owned material is used with permission. You must not copy, reverse engineer, republish, or exploit PerkCup materials except as permitted by law or with our written approval.

12. Service changes and availability

We may update, improve, restrict, suspend, or discontinue parts of the service from time to time. We do not guarantee uninterrupted availability, and some features may be in testing, limited rollout, or subject to operational constraints.

13. Liability and disclaimers

To the maximum extent permitted by law, PerkCup provides the service on an “as is” and “as available” basis. We do not exclude rights that cannot lawfully be excluded, including certain rights under Australian Consumer Law. Subject to those rights, we are not liable for indirect, incidental, special, or consequential loss, or for loss arising from cafe actions, third-party systems, outages, delays, or misuse beyond our reasonable control.

14. Suspension and termination

We may suspend, restrict, or terminate access where reasonably necessary for security, legal compliance, fraud prevention, operational protection, non-payment, or breach of these Terms. You may stop using PerkCup at any time, and may request account closure subject to any lawful retention or operational requirements.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we may update the date above and take reasonable steps to notify users where appropriate. Continued use of the service after changes take effect means you accept the updated Terms.

16. Governing law and contact

These Terms are governed by the laws of New South Wales, Australia, unless another mandatory law applies. If you have questions or need support, contact onboarding@perkcup.com.au.

17. App stores and platform providers

If you download or use PerkCup through Apple App Store, Google Play, or another app distribution platform, you acknowledge that those platform providers are not responsible for the operation of PerkCup itself, except to the extent required by their own platform terms or applicable law. Your use of the app may also be subject to the relevant app store’s usage rules.