Coffee With Me Platform - Terms of Use
Global Lounge Holdings Pty Ltd ACN 695 902 599 and its related entities (collectively, Global Lounge, we, us, our) operate the digital coffee lounge platform known as 'Coffee With Me' (the Platform).
Acceptance of these Terms
In order to access and use the Platform, you must accept the following terms and conditions (Terms).
By installing, downloading, accessing and otherwise using the Platform, you are deemed to have accepted these Terms. If you do not agree to these Terms, you are not permitted to access or use the Platform or associated data.
We may amend these Terms from time to time. The current version will be published on our website at: https://coffeewithme.world (Website). Where required by law, or where we consider the changes are material, we will give you reasonable notice of the updated Terms by publishing them on the Platform, on our Website, or by contacting you using your Account Details. If you do not agree to the updated Terms, you must stop using the Platform and you will be refunded the balance of any payments made in advance.
Registration & Use of the Platform
In order to use the Platform, you must:
be 18 years of age or older; and
you must create a username using the information we require for registration, which may include, your first name, profile photo, completion of our facial verification process (for which we use a third party provider, Didit.me), and the country you are located in (Account Details); and
you must not be located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region; and
you are not listed on any U.S. Government list of prohibited or restricted parties or Australian list of designated persons or entities.
The Account Details you provide must be true and accurate. You must notify us of any changes to those Account Details.
You must keep your Account Details secure at all times. You must not provide your Account Details to any person or otherwise permit any other person to use your Account Details.
You are liable for all communications sent and activities logged through your account to the extent caused or authorised by you, or by your failure to keep your Account Details secure in accordance with these Terms.
You must immediately notify us of any unauthorised use of your Account Details or any other breach of security.
You must only use the Platform in a courteous and respectful manner.
You must comply with any community guidelines in relation to the use of the Platform as notified to you from time to time.
You must not use the Platform in a manner that is unlawful, defamatory, discriminatory, harassing, malicious, offensive or otherwise harmful.
Child sexual abuse and exploitation, child sexual abuse material, grooming, sextortion and trafficking of children are expressly prohibited and you must not share, discuss or otherwise facilitate any of the aforementioned subjects or materials through use of the Platform.
You must not use the Platform to impersonate any person, to engage in stalking or unwanted contact, or to display or disseminate pornographic or other offensive materials.
You must not engage in any scraping / harvesting of data stored on the Platform, introduce (or attempt to introduce) malware or harmful code, or otherwise interfere with Platform security.
You must not access the Platform for the purpose of copying its content, or for the purpose of developing any competing product or service.
Payments
Access to, and use of, the Platform requires a paid subscription and you must pay all applicable fees relating to your use of the Platform.
All pricing and fees for access to, and use of, the Platform are displayed within the Apple App Store or Google Play Store (as applicable) and are current at the time of display and may vary at any time upon notice to you.
You must enter into a subscription billing agreement with Apple or Google (as applicable) who will handle all payment matters in order to access and use the Platform.
You must pay all fees for access and use of the Platform using any one of the payment methods made available through the third-party payment providers. We are not responsible for any payment matters and you are bound by the terms and conditions of each third-party payment provider. You must raise any payment disputes or claims with the third-party payment provider, Apple or Google (as applicable).
Subject to clauses 1.3 and 10.2, all payments made for access and use of the Platform are final and non-refundable.
You are responsible for obtaining and maintaining compatible devices, internet access and mobile data services required to access and use the Platform, and for paying any associated third-party fees or charges.
If any supply made under or in connection with the Platform is a taxable supply, the consideration that the recipient of that taxable supply must otherwise pay or provide for that taxable supply is increased by the amount of any GST payable in respect of that taxable supply, subject to a valid tax invoice being delivered to the recipient. Words or expressions used in this clause which have a particular meaning in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning, unless the context otherwise requires.
Licence
We grant you a non-transferable and non-exclusive right (without the right to sublicense) to access and use the Platform in accordance with these Terms, on a compatible device that you own and control, solely for your own personal, non-commercial use.
You agree that you will not:
copy, modify or make any alterations, additions or amendments to any part of the Platform;
loan, rent, resell, lease, licence or transfer the Platform or any copy of the Platform;
reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the Platform;
combine the whole or any part of the Platform or its content with any other software, data or material;
remove, alter, circumvent or tamper with any trade marks, copyright notices, technological protection devices, disclaimers or other legal notices;
act fraudulently or maliciously in relation to the Platform; or
use the Platform in any way which infringes on any intellectual property rights that subsist in or relate to the Platform.
Intellectual Property
We own or are licensed to use all intellectual property rights in the Platform (including in all underlying source code) and in the content of the Platform (including all text, trade marks, logos, images and graphics). Users of the Platform do not obtain any licence or other interest in those intellectual property rights. Other than as expressly stated in these Terms, nothing in these Terms or on the Platform itself should be construed as providing such rights.
You may view content or print a copy of material on the Platform for your own non-commercial use, provided that you do not modify the content in any way.
You must not otherwise copy, adapt, reproduce, publish or distribute content found on the Platform in any form without prior written permission from us (unless otherwise permitted under the Copyright Act 1968 (Cth) or any other applicable law in your location). You must not frame any of the content of the Platform or incorporate it into another application or website.
Third Party Content
The Platform may include links to third party products and/or services. These Terms do not apply to the use of such third-party products and/or services. Separate terms and conditions may apply between you and the relevant third-party provider in relation to those products or services. Use of such links is entirely at your own risk and is subject to the terms of those third-party applications or websites.
We do not endorse any particular products, services or suppliers.
Changes to the Platform
We may modify, change or update the Platform at any time, with or without notice. In the event of any such modification, change or update, we do not represent that any features or functionalities of the Platform will remain.
Security of information
While we take reasonable steps to protect information handled through the Platform, no data transmitted over the Internet is secure, and we do not warrant, and cannot ensure, the security of your data. You transmit data using the Platform entirely at your own risk.
No warranty
To the fullest extent possible and subject to clause 10 and to any liabilities and obligations that cannot be excluded by law, Global Lounge:
does not warrant the accuracy or completeness of the Platform content, and the Platform content is provided on an 'as is' basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and you rely on any such content at your own risk;
will have no liability in relation to any loss or damage that you incur arising from your use of the Platform or linked third party applications or websites (including damage to your software or hardware, corruption of data, loss of data, any error, suspension or discontinuance of the Platform or transmissions by any user in contravention of these Terms);
does not warrant that your access to the Platform or any part of the Platform will be uninterrupted or error free, that defects will be corrected or that the Platform or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your mobile device; and
does not warrant or guarantee the accuracy or legitimacy of information provided by other users of the Platform and any offline or further interactions outside of the Platform are at your own risk. Global Lounge encourages you to take appropriate safety and other precautions.
Liability
To the maximum extent permitted by law (and subject, in particular, to clause 10.2):
all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law in connection with your use of the Platform are excluded; and
in no event will either party be liable in contract, tort (including negligence), under statute or otherwise for any incidental, consequential or indirect damages, including loss or corruption of data or information, related to your use or inability to use the Platform.
If a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), nothing contained in these Terms is intended to exclude, restrict or modify the application of any provision, the exercise of any right or remedy, or the imposition of any liability that cannot be excluded. However, to the extent that the ACL permits us to limit our liability, our liability will be limited to:
in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Indemnity
You indemnify us (and all our related bodies corporate, officers, directors, employees and agents) against all loss, costs and expenses (including legal fees on an indemnity basis), claims and damages arising directly or indirectly out of or in connection with:
a breach by you of these Terms;
loss of or damage to any property, or injury to or death of any person, caused by your use of the Platform, or any act or omission by you; or
any claim by a third party against us relating to your use of the Platform (or use by any person who accesses the Platform using your account) or information you provide to us as a result of using the Platform,
except to the extent such loss or damage is caused or contributed to by us or by any of our related bodies corporate, officers, directors, employees and agents.
User Content
The Platform may contain information or material which is generated, posted, entered or uploaded by you or other users (User Content). We do not routinely monitor all User Content and, except as required by law, are not responsible for its accuracy, completeness or legality.
If you post, enter or upload User Content:
you grant us an irrevocable, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, publish, communicate and otherwise use the User Content to the extent reasonably necessary to operate, administer, secure, improve and promote the Platform and our services;
you agree that your User Content may be seen and used by other users of the Platform, subject to your account and User Content visibility settings;
we may send you correspondence related to your User Content; and
you must only submit User Content which belongs to you or which you are permitted to submit by the owner of the content.
We may where reasonably necessary for safety, legal compliance, enforcement of these Terms or Platform integrity, filter, remove, restrict access to or refuse to publish User Content, with or without notice.
You are responsible for any information or User Content posted or uploaded onto the Platform through your account, to the extent caused or authorised by you, or by your failure to keep your Account Details secure in accordance with these Terms.
Suspension of Access
We may at any time deny all or part of your access to the Platform, suspend or restrict your account or access to any feature, remove content, disable or limit communications, require you to complete verification steps, or impose conditions on your continued use of the Platform, where, in our reasonable opinion, you fail to comply with these Terms, you attempt to circumvent the age verification measures, your account is used in an unusual or suspicious way, we receive a complaint about you or your conduct, you do not cooperate with a complaint or investigation, or this is otherwise reasonably necessary to address safety, security, legal compliance or platform integrity concerns. We are not obliged to give you a reason or prior notice.
If we investigate a complaint, safety incident, suspected breach of these Terms, unlawful conduct or misuse of the Platform, you must cooperate with us and provide any information, records or assistance we reasonably request.
You must not knowingly provide false, misleading or incomplete information in connection with any complaint or investigation.
We may disclose information relating to the complaint, incident or investigation to affected users, our advisers, service providers, insurers, related bodies corporate, law enforcement, regulators or other third parties where we reasonably consider that disclosure necessary for safety, dispute resolution, enforcement of these Terms or legal compliance.
Termination
The licence granted by these Terms will become effective upon installation of the Platform on your device and will continue in effect until terminated in accordance with them.
Without limiting our rights under these Terms or at law, we may:
terminate these Terms immediately by written notice to you, if you are in breach of any of these Terms and, where the breach can be remedied, it is not remedied within a reasonable timeframe notified by us; or
discontinue all or part of the Platform at any time. Where reasonably practicable, we will give reasonable prior notice of any material discontinuance.
If any event described in clause 14.2 occurs, we may direct you to delete all copies of the Platform, and related documentation, which are in your possession or under your control.
You may terminate these Terms at any time by deleting all copies of the Platform, and related documentation, which are in your possession or under your control.
In the event you no longer wish to access or use the Platform or your licence granted by these Terms is terminated, you must terminate your subscription with Apple or Google (as applicable) to cancel any ongoing payments or obtain refunds for payments made (to the extent applicable).
In the event that you no longer wish to access or use the Platform or your licence granted by these Terms is terminated, please note that your account deletion has a 90-day restoration period, following which your Account Details and associated data will be automatically deleted/de-identified, subject to permitted or required retention obligations.
Apple App Store End User Terms
If you have downloaded this Platform from the Apple App Store or if you use this Platform on an iOS device, you acknowledge and agree that the terms of this clause 15 apply.
You acknowledge and agree that:
the Terms are concluded between you and us, and not Apple Inc. (Apple);
we, and not Apple, are solely responsible for the Platform and its contents;
the licence granted to you under clause 4 is subject to Apple's Usage Rules set out in the Apple Media Services Terms and Conditions which you may view on Apple's website;
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform;
in the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Platform;
to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Platform;
Apple is not responsible for any claims, losses, liabilities, damages, costs or expenses that you have arising out of your use of the Platform;
we, and not Apple, are responsible for addressing any claims by you or any third party relating to the Platform or your use of the Platform, including, but not limited to:
product liability claims;
any claims that the Platform fails to conform to any applicable legal or regulatory requirement;
claims arising under consumer protection, privacy or similar legislation;
Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claims that the Platform, or your use and possession of the Platform, infringes that third party's intellectual property rights; and
Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
You represent and warrant that:
you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region; and
you are not listed on any U.S. Government list of prohibited or restricted parties.
Google Play Store End User Terms
If you have downloaded this Platform from the Google Play Store or if you use this Platform on an Android device, you acknowledge and agree that the terms of this clause 16 apply.
You acknowledge and agree that:
the Terms are concluded between you and us, and not Google LLC (Google);
if the Terms conflict with Google's applicable terms and policies (including the Play Store rules), those terms and policies will override these Terms;
these Terms are solely between you and us; and
Google will not be responsible for, and will not have any liability whatsoever under these Terms.
General
You must not use the Platform for any unlawful purpose.
You must ensure that all communications and information provided by you using this Platform are not fraudulent or defamatory, and will not otherwise infringe any law or any third party rights. You further warrant that Global Lounge's use of that information in accordance with these Terms will not infringe the rights of any third party.
If any clause or part thereof of these Terms is found to be void, unenforceable or invalid, then it must be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.
The termination of these Terms will not affect the continuing rights and obligations of the parties under any provision of these Terms which, by its nature, is to survive termination and/or that is required to give effect to such termination or its consequences.
Any failure by us to take action regarding any actual or suspected breach of these Terms does not constitute a waiver of our right to do so or your obligations.
You may not assign or transfer any rights or obligations under these Terms to any third party. We may assign or transfer any rights or obligations under these Terms to any third party in our absolute discretion.
These Terms represent the entire agreement between the parties concerning the subject matter of these Terms and they supersede any prior proposal, representation, or understanding between the parties.
These Terms are governed by the laws in force in South Australia, Australia. You submit to the non-exclusive jurisdiction of the courts of South Australia and the Commonwealth of Australia.
If you have any questions or comments regarding the Platform, these Terms or our products or services, please contact us at: hello@globalloungeholdings.net