Gong Cha Australia Pty Ltd – Terms and Conditions

Last Updated: 11 January 2024

Welcome to Gong Cha Australia, herein referred to as “we”, “us”, or “our”. These Terms and Conditions govern your (“you” or “your”) use of our website and mobile application, including all functionalities, features, and content. By accessing or using our service, you agree to these Terms. We are committed to complying with the Australian Competition and Consumer Commission (ACCC) guidelines to ensure fair practice and consumer protection.

1. Use of Our Service

a. Our service allows you to place orders for beverages, manage your membership details, and access other related services.

b. You agree to provide accurate and complete information about yourself when registering for an account and using our service.

2. Orders and Payments

a. All prices are listed in Australian Dollar and are subject to change without notice.

b. You are responsible for paying all fees and charges associated with your order, including any applicable taxes.

c. We reserve the right to refuse or cancel orders at our discretion.

3. Refund Policy

a. If you are dissatisfied with your purchase, you are encouraged to contact us to request a refund. Each refund request will be evaluated on a case-by-case basis.

b. We ask that customers provide relevant details regarding their dissatisfaction to assist us in making a fair assessment.

c. For products that are returned as part of a refund request, we require that they be in their original condition. Refunds may not be granted if the returned products are damaged or show signs of excessive use.

d. We strive to ensure fairness and for your satisfaction in our refund process. However, please note that not all refund requests may result in a refund, as each case is subject to our own discretion.

e. Upon approval of a refund request, the refund will be processed and credited back to the original method of payment within 15 business days.

4. Membership and Rewards

a. You can register for membership at gongchatea.com.au. Upon successful registration, customers will be eligible to participate in our membership program.

b. Our membership program offers rewards and benefits to frequent customers. For every 10 drinks purchased, the customer will receive a coupon to redeem one free drink. Details of the program, including any additional benefits and terms, are available on our website and app.

c. Membership rewards and benefits are non-transferable and may not be exchanged for cash.

d. Points should be accrued at the time of the transaction, through the standard methods available.

e. Points may not be added after the transaction, except under the discretion of Gong cha Australia

f. We reserve the right to modify, suspend, or terminate the membership program at any time.

5. Intellectual Property

a. All content on our website and app, including text, graphics, logos, and images, is our property or that of our licensors and is protected by intellectual property laws.

b. You may not use any content from our website or app for commercial purposes without our express written consent.

6. User Conduct

a. You agree not to use our service for any unlawful or prohibited purpose.

b. You may not attempt to gain unauthorized access to any portion of our service or to any of the networks connected to our service.

7. Dispute Resolution

a. In the event of a dispute arising from or relating to these Terms and Conditions, we first encourage direct communication with us to seek a resolution.

b. If the dispute cannot be resolved through direct communication, we agree to enter into mediation with a neutral third party before seeking any other legal remedy.

8. Governing Law

a. These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, without regard to its conflict of law provisions.

b. Any legal action or proceeding related to your access to or use of our website or services shall be brought exclusively in a court of competent jurisdiction situated in New South Wales of Australia.

9. Limitation of Liability

a. We are not liable for any indirect, incidental, special, or consequential damages arising from your use of our service or for any other claim related in any way to your use of our service.

10. Changes to Terms and Conditions

a. We reserve the right to modify these Terms and Conditions at any time. Your continued use of our service after such changes constitutes your acceptance of the new Terms and Conditions.

11. Contact Us

a. If you have any questions about these Terms and Conditions, please contact us at info@gongchatea.com.au.