HuskeeSwap Cafe Partner Terms and Conditions

Last updated: May 2019

By registering as a HuskeeSwap Cafe Partner you agree to the following terms and conditions:

  1. Huskee Pty Ltd is the HuskeeSwap operator globally (“Huskee”)
    1. The Service is owned, operated and provided by Huskee and use of the Service is subject to these Terms and Conditions
    2. Huskee reserves the rights to amend Terms and Conditions
    3. HuskeeSwap Cafe Partner is the retail/beverage provider
  2. Huskee Warrants
    1. It is the owner (under registered systems and common law) of IP – including · all trade marks, designs, copyrights and patents which are protected in Australia and internationally.
    2. It is the owner, inventor and operator of the HuskeeSwap Cup Exchange System (“the System”)
  3. Cafe Partner Warrants
    1. It is authorised to enter into a legally binding contract
    2. It is not currently participating or will not participate in any other third party swap/exchange program for reusable coffee cups
    3. You warrant that any information that you provide is up to date and will be updated as and when it changes
  4. HuskeeSwap Service
    1. The Cafe Partner agrees to provide the following HuskeeSwap service to your customers:
      1. Provide an inventory float of cups and lids to be available in store, in addition to HuskeeCups available for retail sale ; and
      2. Provision of Cup Exchange System to facilitate re-use of cups; and
      3. Ensure Cups are properly cleaned, sanitised and stored to the standards set out in, but not limited to, the Australia New Zealand Food Standards Code and any Local Council requirements, and ready for use by another Member.
    2. (together “the Service”)
    3. Huskee will continue to develop and improve the Cup Exchange System and will notify the Cafe Partner of changes
  5. Cafe Partner Obligations
    1. As a Cafe Partner you will be required to register an account and will be required to:
      1. Provide Business name, business address, contact phone number, email address, operating hours; and
      2. Purchase sufficient numbers of HuskeeCups and Lids in your float and for retail sale to provide the Service as per Huskee recommendations
    2. For information on how your information will be used please refer to our Privacy Policy
    3. You understand that by providing Huskee with any information as part of the registration process that you may receive emails, SMS messages, newsletters and marketing from Huskee. If you do not want to receive any further correspondence you may contact and unsubscribe at any time.
    4. As a Cafe Partner, by registering an account, you agree to allow Huskee to promote you as a provider of the Service to our customers or potential customers
  6. Cup Exchange System
    1. Each Cafe Partner will have an appropriately labelled drop-off point in store, where HuskeeCup and Lid is returned upon purchase of beverage
    2. As a Cafe Partner, you agree to provide the ordered beverage in a HuskeeCup and Lid from your float, in exchange for a returned HuskeeCup and Lid
    3. As a Cafe Partner, you agree to comply with the following:
      1. Check and examine incoming cup are in in good working order and are not damaged, defaced, modified or otherwise altered; and
      2. Advertise your customers about the Service; and
      3. Exclusively use HuskeeCups with the Service; and
      4. Allocate space at POS and window space (where available) for HuskeeSwap marketing collateral; and
      5. Share exchange statistics with Huskee
    4. Huskee agrees to
      1. Provide systems and onboarding training for staff
      2. Add retailer to HuskeeSwap database
      3. Make HuskeeSwap database available to HuskeeSwap members
      4. Provide customer support to retailers
      5. Provide a number of replacement cups for defective cups as specified under Subscription, under Cafe Cups for Life program.
  7. Subscription to Service
    1. In order to participate in the Service, Members may be required in future to subscribe to the Service and pay a Subscription Fee.
    2. In order to participate in the Service, Partners are required to subscribe to the Service and pay a Subscription Fee as per advertised service level packages.
    3. This agreement will automatically roll on a month by month basis until new Subscription terms are entered into or Cafe Partner is terminated by Huskee as registered partner
    4. Where Cafe Partner receives the Cafe starter pack for free, the Cafe Partner agrees to subscribe to the Service and pay monthly Subscription Fee for a minimum of 12 months
  8. Default & Termination
    1. The following will be considered a default event by a Partner under these terms
      1. failure to make payment of the Subscription Fee at the end of each Billing Cycle, or at all;
      2. Utilise Huskee Cup Exchange System with other reusable cups
      3. Provision of Service in a manner that brings HuskeeSwap brand into disrepute to be determined at the discretion of Huskee
  9. Intellectual Property
    1. Huskee gives Cafe Partner a non-transferable, non-exclusive license to use and reproduce its intellectual property when strictly discharging its obligations under this agreement. This IP license will be revoked when this agreement is terminate
    2. HuskeeSwap, The Cup Exchange System and Service and its original content, features and functionality are and will remain the exclusive property of Huskee.
    3. HuskeeSwap, the Cup Exchange System and Service is protected by copyright, trademark, and other laws of Australia.
    4. Developments and Improvements to System
      1. From time to time, Huskee will continue to develop and improve the System and will notify Cafe Partner of changes
      2. All future IP, changes to system belong to Huskee
    5. Nothing in these Terms constitutes a transfer of any intellectual property rights from Huskee to you.