Entity: Little Way Studios Pty Ltd as trustee for Little Way Holdings Trust (ABN 83 213 012 011), trading as 'BeanRun'
Governing law: New South Wales, Australia
What parts of these terms apply to me?
This agreement governs your use of the BeanRun platform, accessible on the Apple App Store, Google Play Store or via our website at https://beanrun.au (Platform) and any goods or services made available through the Platform.
BeanRun is a platform that enables workplace and community groups to coordinate group coffee runs. Members join a group, then can volunteer to do a run and collect orders, or ask the group if someone else will go — either way, everyone adds their order and pays individually through the app, with no IOUs. Members can also purchase a coffee for another group member directly through the platform.
By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you (the User, Seller and/or Customer) and us, Little Way Studios Pty Ltd as trustee for Little Way Holdings Trust (ABN 83 213 012 011) trading as 'BeanRun' (BeanRun, we or us).
If you access or download our mobile application from the Apple App Store or Google Play Store, you also agree to Apple's Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including their License Agreement and Terms of Application.
The remainder of this agreement is divided into three parts:
- Part A (All Users), which sets out terms that apply to all Users of our Platform;
- Part B (Sellers/Cafes), which sets out additional terms that apply to Sellers or other businesses who register for a Seller Account and/or offer to sell goods through the Platform; and
- Part C (Customers), which sets out additional terms that apply to Customers, being Users who register for a Customer Account and/or offer to buy goods through the Platform.
If you intend to use the Platform as a Seller/Cafe, only Parts A and B of these terms will apply to you.
If you intend to use the Platform as a Customer, only Parts A and C of these terms will apply to you.
When we talk about the "Goods" in this agreement, we are referring to the goods available through the Platform via Sellers.
Part A — All Users
1. Eligibility
- Please do not access the Platform if you are under the age of 16 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
- If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your café, business, company, your employer, an organisation, government or other legal entity (Represented Entity), then "you" and "User" means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
2. Accounts
- In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
- As part of the Account registration process and as part of your continued use of the Platform, you must provide personal information such as your email address, first and last name, preferred username, a secure password, create an account and upload payment and billing details via our third-party provider Stripe Connect (Third Party Payment Provider), mobile phone number, and any other information BeanRun may reasonably request from time to time. For cafés, we also require a copy of your menu, business name, ABN, and ACN to set up an Account.
- You warrant that any information you give to BeanRun in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
- Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
- Once you complete the Account registration process, BeanRun may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
- BeanRun reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- BeanRun may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
- To get the most from the Platform's features for identifying nearby cafes, we encourage all Users to enable location services on your device. The Platform may use Apple Maps, and/or Google Maps APIs for address validation and directions, and your use of these services is subject to the respective provider's Additional Terms of Service.
- Users authorise BeanRun and its Third Party Payment Provider to facilitate payment processing between Customers and Sellers. The Customer's payment is made to the relevant Seller for the purchase of Goods, and BeanRun is authorised to receive and retain any applicable Service Fees charged for use of the Platform.
3. User Obligations
As a User, you agree:
- not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
- to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify BeanRun of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
- to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Goods, including:
- you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and
- you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by BeanRun;
- not to act in any way that may harm the reputation of BeanRun or associated or interested parties or do anything at all contrary to the interests of BeanRun or the Platform;
- you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of BeanRun;
- that BeanRun may change any features of the Platform or Goods offered through the Platform at any time without notice to you;
- that information given to you through the Platform, by BeanRun or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
- that BeanRun may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3; and
- that you will be required to use a Third Party Payment Platform in making or receiving any payments via the Platform (Third Party Payment Platform), you warrant that you have read, understood and agree to be bound by Stripe Connect's terms at https://stripe.com/au/legal, or the terms of use of other third party payment portals or other payment methods from time to time, that will be available on the Stripe website and other payment portal websites.
4. Refunds, Service Interruptions and Cancellations
To the maximum extent permitted by law, BeanRun will have no liability or obligation to you if:
- a Customer or Seller cancels at any time after the time for performance of the Product Listing (defined in clause 1 of Part B of this agreement) is agreed; or
- for whatever reason, including technical faults, the Goods cannot be provided,
and you will not be entitled to any compensation from BeanRun.
5. Ratings and Reviews
Reviewing our platform
Users may submit Reviews of the Platform itself through the relevant App Store (Apple App Store or Google Play Store) or, for the Website, via Google. When submitting such Reviews, you must:
- provide honest and accurate feedback based on your own experience;
- not submit Reviews on behalf of others or use multiple accounts to manipulate Ratings or Reviews; and
- comply with any terms, guidelines, or policies of the relevant App Store or platform.
6. Service Limitations
While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
- the Platform may have errors or defects (or both, as the case may be);
- the Platform may not be accessible at times;
- messages sent through the Platform may not be delivered promptly, or delivered at all;
- information you receive or supply through the Platform may not be secure or confidential; and
- any information provided through the Platform may not be accurate or true.
7. Intellectual Property
- BeanRun retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from BeanRun or as permitted by law.
- In this clause 7, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
8. Third Party Content
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). BeanRun accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
9. Disputes Between Users
- You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
- If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to BeanRun via support@beanrun.au. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
- BeanRun reserves the right to hold funds through our third party payment provider, Stripe Connect, in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held as we see fit, including by providing a Customer a refund.
- Any costs you incur in relation to a complaint or dispute will be your responsibility.
- BeanRun has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
- If you have a dispute with BeanRun, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 60-day period before pursuing any other proceedings.
- Notwithstanding any other provision of this clause 9, you or BeanRun may at any time cancel your Account or discontinue your use of the Platform.
10. Security
BeanRun does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
11. Disclaimer
- (a) (Introduction service) BeanRun operates solely as a technology platform that facilitates introductions, ordering and payment processing between Customers and Sellers. BeanRun is not the seller, supplier or reseller of any Goods offered by a Seller through the Platform. The contract for the sale and supply of Goods is formed directly between the Customer and the relevant Seller. BeanRun is not a party to that contract and accepts no responsibility for the supply, quality, safety, legality, accuracy or fitness for purpose of any Goods supplied by a Seller. BeanRun's role is limited to providing the Platform and associated facilitation services in exchange for a Service Fee.
- (b) (Limitation of Liability) To the maximum extent permitted by law and subject to clause 11(c), the total liability of each party (being you, the User and us, BeanRun) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability. Clause 11(b) does not apply to your liability in respect of loss or damage sustained by BeanRun arising from your breach of:
- breach of third party intellectual property rights;
- breach of User Responsibilities outlined in clause 3; and
- breach of our Intellectual Property rights outlined in clause 7.
- (c) (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
- (d) (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
- (e) (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by BeanRun, except:
- in relation to a party's liability for fraud, personal injury, death or loss or damage to tangible property; or
- to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
12. Confidentiality
You agree that:
- no information owned by BeanRun, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
- all communications involving the details of other users on this Platform and of the Seller are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.
13. Privacy
You agree to be bound by the clauses outlined in BeanRun's Privacy Policy.
14. Termination
- Either BeanRun or the User may terminate the User's account at any time (including any Product Listings, memberships or Accounts) for any reason.
- If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform's functionality where available. Where such functionality is not available, BeanRun will affect such termination within a reasonable time after receiving written notice from the User.
- In the event that a User's Account is terminated:
- the User's access to all posting tools on the Platform will be revoked;
- the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service Product Listings or requests); and
- the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all service Product Listings previously posted by the respective User will also be removed from the Platform.
- Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
15. Tax
- You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and BeanRun will not be held accountable in relation to any transactions between Customers and Sellers where tax related misconduct has occurred.
- For the avoidance of doubt, each Seller is solely responsible for determining, collecting, reporting and remitting any GST or other taxes applicable to the supply of Goods made by that Seller through the Platform. BeanRun is solely responsible for determining, collecting, reporting and remitting any GST or other taxes applicable to the Service Fees charged by BeanRun for use of the Platform.
16. Record / Audit
To the extent permitted by law, BeanRun reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving BeanRun.
17. Notices
A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (support@beanrun.au). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party,
whichever is earlier.
18. General
Governing law and jurisdiction. This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
Waiver. No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Severance. Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
Joint and several liability. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
Assignment. A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Costs. Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
Entire agreement. This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
Interpretation.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word "includes" and similar words in any form is not a word of limitation;
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
- (currency) a reference to $, or "dollar", is to Australia currency, unless otherwise agreed in writing.
Part B — Sellers (Cafes)
1. Account registration, franchises & dashboard
- In addition to the Account registration process outlined in Part A clause 2, when Sellers sign up to the Platform, you must provide accurate business details, including your business address and location information.
- If you operate a franchise or multiple café locations, you must sign up your business once under a single Account. You will upload the details of one central bank account via our Third Party Payment Provider and specify your various trading names and locations within that single Account.
- You are responsible for uploading your own menus and setting your own prices for all Goods within the Platform.
- As part of the Platform, Sellers will be granted access to a web-hosted dashboard (Seller Dashboard).
- You may use the Seller Dashboard to receive and process Orders, as well as to access data, analytics, product popularity metrics, and your overall café ranking on the Platform.
2. Product Listings
You acknowledge and agree that:
- you must use your best endeavours to provide as much information as possible in any Product Listing you upload to offer to provide a Good via the Platform (Product Listing);
- BeanRun may choose not to accept any Product Listing you submit to the Platform, and BeanRun may limit the number of Product Listings you can submit on the Platform;
- for each Product Listing you submit on the Platform, if a Customer agrees to purchase Goods from you via that Product Listing (an Order), the Customer will enter into a contract directly with you for the purchase of the relevant Goods and BeanRun will be entitled to charge and receive its Service Fee in accordance with clause 4.
- handover/delivery of Goods to Customers is the responsibility of the Seller;
- you must take all reasonable steps to provide the Goods as described in every Product Listing that is accepted by a Customer, including by not cancelling any part of an Order;
- you must deal with any dispute with a Customer in accordance with clause 9 of Part A;
- BeanRun reserves the right to allocate the Remaining Balance between a Customer and a Seller in accordance with:
- any other agreement between that Customer and Seller, as notified to BeanRun; or
- BeanRun's right to disperse funds as it sees fit in circumstances of a dispute (clause 9 of Part A);
- any additional terms and conditions relating to a Product Listing or quote provided via the Platform are solely between you and the Customer and do not involve BeanRun in any way, except that they must not be inconsistent with either party's obligations under this agreement; and
- BeanRun will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Customer responding to a Product Listing, and the Seller must take steps to independently verify the accuracy and reliability of such content.
3. Order acceptance and fulfilment
- Once a Customer accepts a Product Listing on the Platform (places an Order), you may choose to process the Order via manual acceptance or auto-acceptance within the Platform:
- Manual Acceptance: If you use manual acceptance, you must accept the Order via the Platform within five (5) minutes of it being placed. If the Order is not accepted within this five (5) minute period, it will be automatically refused, and no funds will be captured from or charged to the Customer.
- Auto-Acceptance: You may opt-in via the Platform to automatically accept Orders during your available trading hours. If enabled, Orders placed during these hours will be immediately accepted without the need for manual confirmation.
- You are strongly encouraged to manually add or update the expected wait time for an Order through the Platform. This provides Customers with a more accurate estimate of when their Goods will be ready for handover or delivery.
4. Fees
Generally
- Viewing the Platform and posting a Product Listing is free.
- When selling Goods, you must only charge each Customer the amount specified in your Product Listing (GST inclusive), called the Quoted Amount. You acknowledge and agree that the Quoted Amount for all Goods is set entirely by you as the Seller/café owner. You must not attempt to recover the Service Fee or any other additional amount from the Customer.
- Once a Customer places an Order, the Customer will pay the Quoted Amount directly to the Seller via the Third Party Payment Platform. BeanRun facilitates the processing of that payment but does not act as the merchant of record or supplier of the Goods.
- After payment is received for an Order by Stripe Connect BeanRun will deduct its fee (Service Fee) and the remaining Order amount (Remaining Balance) will be settled to your connected account via the Third Party Payment Provider (net of that provider's payment-processing fees) and disbursed to you in accordance with your payout arrangements.
- The Seller authorises BeanRun and/or the Third Party Payment Provider to deduct or collect the applicable Service Fee from amounts processed through the Platform in accordance with the arrangements established through Stripe Connect.
- You acknowledge and agree that payments processed through the Platform may appear on your bank account or card statement using the Seller's trading name, business name, payment descriptor, Stripe descriptor or another identifier associated with the Seller rather than BeanRun. You are responsible for reviewing the transaction details before initiating any chargeback or payment dispute with your financial institution.
Service fees
- Service Fee may be charged either as a Commission Based Service Fee (calculated as a percentage of the Quoted Amount less the Third Party Payment Provider's payment processing fees, exclusive of GST, for each Order) or a Subscription Fee (fixed monthly fee), depending on which Service Fee option you select on the Platform.
- Cafés may switch between Commission and Subscription options at any time. Any changes will be billed accordingly, including pro-rata adjustments if required.
- Subscription Fees are automatically debited monthly via Stripe Connect until you cancel your subscription in accordance with the Platform's procedures.
- BeanRun may update Service Fees at any time by notifying you via the Platform, provided any increase will take effect at least 30 days after notice. You may cancel or change your Service Fee option before the new fees take effect. BeanRun will issue the Seller with a valid tax invoice (which may be a consolidated tax invoice covering the Service Fees charged in respect of multiple Orders over a billing period) for its Service Fees so that the Seller may claim any available GST input tax credits in accordance with applicable law.
- The Third Party Payment Provider may retain Order proceeds for a reasonable period before settlement in accordance with its own payment processing and payout procedures. BeanRun does not control those settlement timeframes.
- The Seller acknowledges and agrees that any payment processing fees charged by the Third Party Payment Provider are charged directly by the Third Party Payment Provider to the Seller and are not charged by BeanRun.
5. Rewards program
- You may choose to offer a rewards or loyalty program to Customers via the Platform (Rewards Program).
- You are solely responsible for setting the terms of your Rewards Program, including the thresholds required for a Customer to earn free coffee or other Goods.
- Any free Goods provided, or discounts applied under a Rewards Program are strictly at the café's own expense.
- Any dispute arising between a Seller and a Customer in relation to the Rewards Program is solely between the Seller and the Customer. BeanRun accepts no responsibility or liability for managing, mediating, or resolving such disputes.
6. Posted Materials
Warranties. By providing or posting any Product Listings, menus, information, materials or other content on the Platform (Posted Material), you represent and warrant that:
- you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
- the Posted Material is accurate and true at the time it is provided;
- any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
- the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
- the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
- the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
- the Posted Material does not breach or infringe any applicable laws.
Licence.
- You grant to BeanRun a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for BeanRun to use, exploit or otherwise enjoy the benefit of such Posted Material in the Platform.
- If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release BeanRun from any and all claims that you could assert against BeanRun by virtue of any such moral rights.
- You indemnify BeanRun against all damages, losses, costs and expenses incurred by BeanRun arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.
Removal.
- BeanRun acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, BeanRun may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or Product Listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
- You agree that you are responsible for keeping and maintaining records of Posted Material.
7. Refunds & Cancellations
- (a) Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a Customer's Order before you have fulfilled the Order, you must contact the Customer using the Platform's functionality, including providing details as to why you are cancelling. If BeanRun decides to investigate your request, you must provide assistance and information to BeanRun as reasonably requested.
- (b) You must ensure that your cancellation policy and refund policy, in relation to your Product Listings, are in compliance with all applicable laws such as the Australian Consumer Law.
- (c) Without limiting clause 7(d), if you cancel a Customer's Order before fulfilling the requirements of the order on more than three (3) occasions, we may take one or more of the following actions:
- cancel your Account or membership with BeanRun; and/or
- refund the Service Fee to the relevant Customer and require that you pay all or part of the Service Fee refunded to the Customer and issue you an invoice for that amount.
- (d) The Service Fee is by default non-refundable for change of mind. However, BeanRun may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
- (e) If a pricing error occurs on the Platform, you agree to refund the Customer the amount incorrectly charged.
8. ABN / ACN Verification
- We require Sellers to verify their ABN, ACN or other business details using our processes, an external identity verification service, or government verification tools, as applicable (Verification Service).
- We will collect and handle your personal information in accordance with our Privacy Policy (see Part A clause 13). Where a Verification Service is used, you acknowledge and agree that:
- we, or our third-party providers, may access government verification tools and share your personal information with the Verification Service to verify your ABN/ACN or other details; and you consent to us receiving, sharing, and using this information to carry out Verification Services.
- You acknowledge and agree that we rely on information provided by the Verification Service or government tools to verify your details and, to the extent permitted by law, make no warranties as to the accuracy of the Verification Services or that they ensure you engage with a suitable Customer; and we do not endorse any User, Product Listing, or Verification Service.
9. Bypassing
- While you are a Seller on the Platform, you agree that, for Customers first introduced to you through the Platform, you will not, directly or indirectly, solicit business, work, or other benefits from those Customers outside the Platform after your Account is suspended or cancelled. This restriction does not apply to Customers with whom you had an established relationship or provided goods to before using the Platform.
- BeanRun may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 9.
10. Binding Contract
You agree that when a Customer places an Order, this constitutes a binding contract between you and that Customer, where you will provide the Customer with the Goods in the Product Listing they accepted in exchange for your receipt of the Remaining Balance. A contract is formed in this respect when the Customer responds to the Product Listing on the Platform confirming that they accept the Seller's offer.
11. Australian Consumer Law
- The Seller acknowledges and agrees that it is the supplier of the Goods purchased through the Platform and is solely responsible for complying with all obligations imposed by the Australian Consumer Law and any other applicable consumer protection legislation in relation to those Goods, including any applicable consumer guarantees, refunds, repairs, replacements, complaints and product safety obligations.
- BeanRun does not provide any consumer guarantees in relation to Goods supplied by a Seller and, to the maximum extent permitted by law, disclaims any liability arising from the Seller's failure to comply with its obligations under the Australian Consumer Law.
12. Warranties
By listing yourself as a Seller on the Platform and posting a Product Listing, you represent and warrant that:
- you are able to provide the Goods as specified in the Product Listing; and
- you will provide the relevant Goods to Customers in compliance with all applicable laws.
Part C — Customers
1. Customer accounts
- In addition to the Account registration process outlined in Part A clause 2, Customers may register for an Account using an email address or via third-party login credentials (such as 'Sign in with Apple', Google, or other supported platforms).
- You must ensure your Account information, including your 'preferred Order' and any specific dietary requirements or allergies, is accurate and promptly updated as necessary. You acknowledge that you are solely responsible for ensuring any food allergies, intolerances, or dietary preferences are correctly recorded in your Account and clearly communicated to the Seller.
2. Orders & wait times
Orders
- Once you (the Customer) place an Order through the Platform and that Order is accepted by the Seller, a contract is formed directly between you and the Seller for the supply of the relevant Goods. BeanRun is not a party to that contract and acts solely as a technology and payment facilitation provider.
- You acknowledge that any terms and conditions relating to Goods provided via the Platform are solely between you and the Seller and do not involve BeanRun in any way, except that they must not be inconsistent with either party's obligations under this agreement; and
- While the Platform is designed to recognise common café Goods shorthand (for example, understanding that a "Cap" is a "Cappuccino"), you warrant that all information you input when placing an Order or setting your "favourite Order" in the Platform is accurate. You must use the same or similar menu item descriptions provided by the Seller on the Platform when placing an Order (for example, selecting "Small Latte" rather than manually typing "a tiny hot brown wakey-wakey broth with extra moo-juice"). BeanRun and the Seller are not liable for any errors, delays, or incorrect Orders resulting from inaccurate, vague, or overly creative descriptions provided by you.
Order processing & wait times
- When you place an Order, the Seller has five (5) minutes to manually accept it (unless the Seller has enabled auto-acceptance). If the Seller does not accept the Order within this five (5) minute window, it will be automatically refused, and no funds will be deducted from your payment method.
- You acknowledge and agree that preparation and wait times are at the absolute discretion of the Seller. While the Platform provides estimates, delays may occur depending on peak periods, high demand or other circumstances. BeanRun makes no warranties or guarantees regarding exact preparation or collection times. Any complaints with regard to wait times should be directed to the Seller/Café directly.
3. Groups, coffee runs & purchasing on behalf of others
- The Platform is accessible via the Apple App Store, Google Play Store, and the BeanRun Website. BeanRun enables Users to create "Groups" (such as colleagues, workplaces, sporting clubs, or friendship circles) to place collective Orders.
- The Platform may operate as an integrated plugin within third-party workplace communication applications (such as Microsoft Teams or Slack). You may receive invitations to join a Group or participate in an Order directly via these third-party platforms. You acknowledge that BeanRun is not affiliated with these third-party applications, and your use of them is entirely subject to their respective third-party terms and conditions.
- Any member of a Group can initiate a request to the Group (e.g., offering to do a 'coffee run' in an hour, or requesting someone else to pick up an Order). This feature is designed as a companion tool to promote social cohesion and assist with order logistics. BeanRun is intended to simplify group coffee orders, with each user responsible for paying for their own items.
- When participating in a Group Order, the User physically collecting the Goods (the Runner) acts independently and not as an agent, employee, or contractor of BeanRun or the Seller. BeanRun and the Seller accept no liability for any issues, losses, or disputes arising between Users after the Goods have been handed over to the Runner (including, but not limited to, the Runner failing to deliver the Goods, spilling the Goods, or disputes regarding payment contributions). BeanRun will not refund Orders if the designated Runner fails to deliver the Goods to the Group.
- The Platform allows a User to purchase a coffee or make an Order for Goods on another User's behalf (for example, treating a colleague). If you choose to place and pay for an Order on behalf of another User, you acknowledge and agree that:
- you are solely responsible for the payment of the Quoted Amount and any applicable Service Fees for those Goods;
- you are entirely responsible for accurately inputting the correct order details for that User, including any specific dietary requirements, intolerances, or allergies; and
- BeanRun and the Seller accept no liability for any errors made in the Order, nor for any adverse consequences (including allergic reactions) resulting from your failure to correctly specify the receiving User's dietary needs.
4. Scheduled and recurring orders
- You have the option to schedule Group notifications (a Scheduled Run) via the Platform.
- A Scheduled Run acts solely as an automated notice to your Group; it does not instantly create or process an Order.
- Group members must opt-in and confirm their individual items before the designated time limit expires. Once the time limit expires, the final Order is officially placed, and your pre-authorised payment method will be automatically debited via Stripe Connect.
- You acknowledge that the onus is entirely on you to remember, manage or cancel any Scheduled Runs via the Platform app settings. BeanRun is not liable to refund any automatically debited payments if you fail to cancel a Scheduled Run before the time limit expires.
5. Payment
- The Seller will charge you the amount specified in a Product Listing (GST inclusive) on the Platform, called the Quoted Amount. For each Order, you authorise payment of the Quoted Amount directly to the Seller through Stripe Connect or another Third Party Payment Platform. BeanRun facilitates payment processing and may receive a Service Fee from the Seller in connection with the use of the Platform.
- Unless otherwise agreed in writing with the Seller you must pay for all Goods specified in a Product Listing prior to the Seller providing those Goods.
- BeanRun's third party payment provider, Stripe Connect, reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express). Any surcharges will be displayed prior to processing payment.
- You agree to release BeanRun and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Third Party Payment Platform, including any issue with security or performance of the Third Party Payment Platform or any error or mistake in processing your payment.
- In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to your agreement with the Seller, you will then have the option of purchasing the relevant Goods at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
- You acknowledge and agree that payment transactions processed through the Platform may appear on your bank or card statement using the Seller's trading name, business name, Stripe descriptor or another payment descriptor associated with the Seller. You are responsible for reviewing transaction details before initiating any chargeback request with your financial institution.
6. Cancellations
- BeanRun will have no liability or obligation to you if a Seller cancels your Order any time after you have placed it and you will not be entitled to any compensation from BeanRun, including any portion of the Service Fee.
- If you wish to cancel an Order before the Seller has fulfilled the requirements specified in the relevant Product Listing, you must contact the Seller. If BeanRun decides to investigate your cancellation, you must provide assistance and information to BeanRun as reasonably requested.
- If you cancel an Order, whether the Remaining Balance paid to the Seller is refundable to you in respect of that Order will depend on the cancellation policy and refund policy of the Seller.
- Any refund, replacement or other remedy relating to Goods purchased through the Platform is the responsibility of the relevant Seller, subject to applicable law. BeanRun is not responsible for determining or providing refunds relating to Goods supplied by a Seller.
- The Service Fee is by default non-refundable for change of mind. However, BeanRun may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
7. Linked Businesses
You acknowledge and agree that:
- the Platform provides links and introductions to Sellers owned and operated by third parties that are not under the control of BeanRun;
- the provision by BeanRun of introductions to Sellers does not imply any endorsement or recommendation by BeanRun of any Seller;
- BeanRun does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Platform; and
- any terms and conditions relating to a good or service, Product Listing or quote provided via the Platform constitute a contract between you and the Seller and do not involve BeanRun in any way.
8. Promotional offers
- BeanRun may, from time to time and at its absolute discretion, offer promotional credits, discounts, rewards or other promotional offers to Users.
- Any promotional offer will be subject to any eligibility criteria, expiry dates and additional terms notified through the Platform.
- Unless otherwise stated, promotional offers:
- are non-transferable;
- cannot be redeemed for cash; and
- may be withdrawn or amended by BeanRun at any time.
- BeanRun may refuse, suspend or cancel any promotional offer where it reasonably believes a User has misused or attempted to misuse that promotion.
9. Third Party Terms
- When acquiring goods or services from a third party, including cafés or Sellers listed on the Platform, you are subject to that third party's terms and conditions (Third Party Terms), which may be made available through our Platform, on the third party's website, or in-store.
- By using the Platform to acquire goods or services from a third party, you agree to comply with any applicable Third Party Terms. We are not liable for any loss or damage you may suffer in connection with such Third Party Terms.
- You may choose not to proceed with acquiring goods or services if you do not agree to the relevant Third Party Terms. In that case, we cannot provide the associated goods or services, and you may discontinue use of the Platform.
10. Communication Outside the Platform
- You must not communicate with a Seller, or request or entice a Seller to communicate with you, outside the Platform (except in the course of accepting the Seller's goods).
- BeanRun, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 10.
Loyalty Programme (supplementary)
This section supplements the Rewards Program clause in Part B and sets out the terms governing BeanRun's loyalty programme, which runs alongside the underlying purchases. Operational details and customer-facing descriptions live on the cafe partner page and within the app.
Programme structure
- The programme comprises three components: cafe stamps (issued by participating cafes on qualifying orders), runner credits (issued to Customers who volunteer as the runner for a coffee run, on first qualifying run and at subsequent milestones), and runner points (a lifetime tier indicator that records ongoing contribution as a runner).
- Each component is issued automatically by the Platform when its earning condition is met. There is no manual issuance, transfer, or top-up mechanism.
Eligibility and earning
- You must hold an active Customer Account in good standing to earn or redeem any reward.
- Cafe stamps are tied to the cafe that issued them and do not transfer between cafes.
- Runner credits and runner points are recorded at the BeanRun account level and apply across participating cafes.
Redemption
- Cafe stamps may be redeemed for a discount on a future order at the issuing cafe, in accordance with the redemption threshold and reward configured by that cafe.
- Runner credits may be applied to a future BeanRun order at any participating cafe.
- Runner points are not directly redeemable; they indicate your lifetime contribution as a runner and may unlock recognition tiers within the app.
- Redemption is initiated within the app at the time of order. Once redeemed, the underlying reward is consumed and cannot be reinstated.
Value and transferability
- Rewards have no cash value. They cannot be exchanged for money, refunded to a payment method, or converted to any other form of value.
- Rewards are issued to your BeanRun account and may not be sold, traded, gifted, or transferred to another account.
- The "Shout a Coffee" gifting mechanism described in Part C is a separate purchase made on another user's behalf and is not a reward transfer.
Changes and expiration
- BeanRun does not currently impose an expiration date on earned rewards. We reserve the right to introduce expiration with at least 30 days' notice via in-app communication and email to your registered address.
- BeanRun may modify the programme structure (including earning rates, redemption thresholds, and reward types) with at least 30 days' notice. Balances earned before the date of a change will be honoured under the rules in effect when earned.
- BeanRun may discontinue the programme with at least 60 days' notice, during which time outstanding rewards may be redeemed.
Cafe participation
- Cafes participate in the stamp programme on an opt-in basis. A participating cafe is contractually obligated to honour stamps it has issued, subject to the redemption rules it has configured on the Platform.
- The cost of redeemed stamps is borne by the issuing cafe and reflected in BeanRun's standard payout reconciliation.
- If a cafe leaves the Platform, BeanRun will work with affected Customers on a best-effort basis but is not obligated to provide replacement rewards.
Termination and forfeiture
- If your Customer Account is terminated (whether by you or by BeanRun under the Termination clause in Part A), all unredeemed rewards in your account are forfeited and have no residual value.
- Rewards are not recoverable after account termination, including during the 7-day grace period described in our account deletion policy.
Fraud and abuse
- BeanRun may suspend, void, or reverse any reward we reasonably suspect was obtained through fraud, technical error, or breach of these terms.
- Coordinating with a cafe to issue stamps without a corresponding qualifying order, or using multiple accounts to circumvent earning limits, constitutes abuse and is grounds for account termination under Part A.