Terms and Conditions

WEBSITE DISCLAIMER

All care is taken in the preparation of the information and published materials on this site. RZI PTY LTD does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, RZI PTY LTD will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

This site may contain hypertext links, frames or other references to other parties and their websites. RZI PTY LTD cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. RZI PTY LTD do not necessarily approve of, endorse, or sponsor any content or material on such sites. RZI PTY LTD make no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

RZI PTY LTD are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites.

If you have any concerns regarding the content of the Website, please contact RZI PTY LTD.

Cafe Tomi – Terms and Conditions

Effective Date: 1 Jan 2025

  1. General Information
    1.1. This website is operated by Cafe Tomi. Throughout the site, the terms “we,” “us,” and “our” refer to Cafe Tomi.
    1.2. By accessing this website, you agree to be bound by these Terms and Conditions, including any additional terms, policies, or disclaimers referenced herein or available by hyperlink.
    1.3. These Terms and Conditions apply to all users of the site, including browsers, customers, and content contributors.
  2. Use of Website
    2.1. You must be at least 18 years old or have the consent of a parent or guardian to use our website.
    2.2. You agree not to use our website for any unlawful purposes or in violation of these Terms and Conditions.
    2.3. We reserve the right to refuse service to anyone for any reason at any time.
  3. Products and Services
    3.1. All products and services offered on the Cafe Tomi website are subject to availability. We reserve the right to modify, discontinue, or limit the quantities of any product without prior notice.
    3.2. Prices for our products are subject to change without notice.
    3.3. We do not guarantee that the quality of any product, service, or information purchased or obtained will meet your expectations.
  4. Online Orders
    Please refer to the terms and conditions on TOMI playground website, can be found at cafetomi.com.au/terms-and-conditions.
  5. Intellectual Property
    5.1. All content on this website, including text, images, logos, graphics, and design, is the property of Cafe Tomi or its licensors and is protected by copyright and trademark laws.
    5.2. You may not reproduce, distribute, or use any content from our website without express written permission.
  6. Third-Party Links
    6.1. Our website may contain links to third-party websites. These links are provided for your convenience, and we are not responsible for the content, accuracy, or practices of these third-party sites.
    6.2. Accessing third-party websites is at your own risk.
  7. Privacy Policy
    7.1. Your submission of personal information through the website is governed by our Privacy Policy. Please review it to understand how we collect, use, and protect your information.
  8. Limitation of Liability
    8.1. Cafe Tomi is not liable for any direct, indirect, incidental, or consequential damages arising from your use of our website or services, including but not limited to errors, interruptions, or unauthorized access to your personal information.
    8.2. We do not guarantee that our website will be free of viruses or other harmful components.
  9. Indemnification
    You agree to indemnify, defend, and hold harmless Cafe Tomi and its affiliates, directors, employees, and agents from any claim, demand, or damages arising from your use of our website or violation of these Terms and Conditions.
  10. Governing Law
    These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia, and you agree to submit to the exclusive jurisdiction of its courts.
  11. Changes to Terms and Conditions
    We reserve the right to update, change, or replace any part of these Terms and Conditions at any time. It is your responsibility to check this page periodically for updates. Your continued use of or access to the website constitutes acceptance of any changes.
  12. Contact Information
    If you have any questions about these Terms and Conditions, please contact us via [email protected].

MEOWBERSHIP PROGRAM TERMS AND CONDITIONS

Effective Date: 1 Jan 2025

These Terms and Conditions (“Agreement”) govern your participation in the Meowbership Program (“Program”), operated by RZI PTY LTD T/A Cafe Tomi, a business registered in Australia. By enrolling in and participating in the Program, you (“Member”) agree to comply with and be bound by these Terms and Conditions.

1. Program Overview
The Meowbership Program is a loyalty program designed to reward Members for purchases made at Cafe Tomi (the “Cafe”) and TOMI Playground (The “Online Store”). Members can earn “Paw Prints” on qualifying purchases and redeem them for rewards, discounts, and exclusive access to products and events.

2. Eligibility
To participate in the Program, you must be at least 18 years old and a legal resident of the country or region where the Program is offered. The Program is available to individuals only; businesses or other entities are not eligible.

3. How to Join
You may enroll in the Program by signing up online at cafetomi.com.au or in-store at any participating location. By joining the Program, you agree to receive marketing communications, including information on offers, promotions, and program updates.

4. Earning Paw Prints

  • Members earn “Paw Prints” based on eligible purchases made at the Cafe or at the Online Store.
  • Paw Prints are earned as follows: 1 Paw Print for every $5 spent on qualifying purchases.
  • Certain purchases, including but not limited to merchandise (e.g., beans, tote bags, cups),event tickets, do not earn Paw Prints.
  • Paw Prints are non-transferable and cannot be combined with other loyalty accounts.

5. Membership Tiers – NOT IN USE
The Program includes the following membership tiers:

  • Brown: 1 Paw Print for every $5 spent, no minimum spend requirement.
  • Silver: Requires 60 Paw Prints and a minimum spend of $300 within a rolling 12-month period.
  • Gold: Requires 120 Paw Prints and a minimum spend of $600 within a rolling 12-month period.
  • TOMI: Requires 240 Paw Prints and a minimum spend of $1200 within a rolling 12-month period.

6. Tier Calculation and Validity – NOT IN USE

  • Paw Prints are calculated from a rolling 12-month period, starting from the date a Member joins the Program or reaches a new tier.
  • Once a Member reaches a certain threshold of Paw Prints, they will automatically be upgraded to the next tier. For example, upon reaching 60 Paw Prints, a Member will be upgraded to Silver. The same applies for Gold (120 Paw Prints) and TOMI (240 Paw Prints).
  • The validity of the Member’s tier expires 12 months after they reach the tier, or upon reaching the next tier, whichever comes first.
  • Individual Paw Prints expire 12 months after the date they are earned and must be redeemed before expiration.

7. Member Benefits – NOT IN USE
As a Member, you will enjoy the following benefits based on your tier:

  • Brown Tier: Basic tier benefits, including earning Paw Prints on eligible purchases.
  • Silver Tier: All benefits of Brown, plus a $5 coupon upon upgrading to Silver and a birthday gift of one regular coffee during your birthday month.
  • Gold Tier: All benefits of Silver, plus access to exclusive redemption items, pre-release product access, and a $10 coupon with a Gold member secret gift upon upgrading.
  • TOMI Tier: All benefits of Gold, plus invitations to exclusive events, priority booking privileges, early access to products and events, and a $20 coupon and TOMI member secret gift upon upgrading.

8. Redeeming Paw Prints
Paw Prints may be redeemed for rewards, including discounts and exclusive products, via the Program’s website or in-store. The rewards available for redemption may vary depending on the Member’s tier. Gold and TOMI Members have access to more exclusive rewards. Items for redemption may be limited, please check the stock level at the time of redemption, we do not take responsibility for restocking redeem rewards or items.

9. Birthday Gift – NOT IN USE
Silver, Gold, and TOMI Members are entitled to receive a complimentary regular coffee during their birthday month. This gift is subject to availability and cannot be combined with any other offer.

10. Upgrading and Downgrading Membership Tiers – NOT IN USE

Tier Expiration: All tier benefits expire 12 months from the date the Member achieves that tier or after achieving a higher tier, whichever comes first.

Upgrades: When a Member accumulates the required Paw Prints within a rolling 12-month period, they will automatically be upgraded to the next tier. The Member will receive a gift upon upgrading for first time only.

Downgrades: If a Member fails to maintain the required Paw Prints for a given tier, they may be downgraded to the lower tier based on member’s active paw prints.

11. Termination and Suspension of Membership
RZI PTY LTD t/A Cafe Tomi reserves the right to terminate or suspend a Member’s participation in the Program at any time, without prior notice, for any of the following reasons:

  • Fraudulent activity or abuse of the Program.
  • Violation of the Program’s Terms and Conditions.
  • Misrepresentation or unlawful activity related to the Program.

12. Privacy and Data Protection
By participating in the Program, you consent to the collection, use, and processing of your personal data as described in our Privacy Policy. All member information, including purchase history and Paw Print accruals, will be collected and stored via the Square POS system. While we take reasonable measures to protect your information, RZI PTY LTD T/A Cafe Tomi does not take responsibility for any data incidents, breaches, or issues that may arise due to a fault with include but not limited to the Square POS system, Godaddy, Square website, Weebly. All such incidents will be governed by Square’s own privacy and data protection policies.

13. Program Changes
RZI PTY LTD T/A Cafe Tomi reserves the right to modify, suspend, or terminate the Program or any part of it at any time without prior notice, including but not limited to changes to the benefits, rewards, or the conditions for earning and redeeming Paw Prints. Any changes will be posted on the Program’s website or communicated to Members.

14. Limitation of Liability
To the fullest extent permitted by applicable law, RZI PTY LTD shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or related to the Program, including, without limitation, damages for lost profits, loss of data, or interruption of service.

15. Governing Law and Dispute Resolution
These Terms and Conditions are governed by and construed in accordance with the laws of Australia Consumer Law.

16. Contact Us
If you have any questions about these Terms and Conditions or the Meowbership Program, please contact us at:
[email protected].

17. Acceptance of Terms
By enrolling in the Meowbership Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Cafe Tomi. Additionally, by participating in the Program, you accept and agree to be bound by Square’s Terms and Conditions and Privacy Policy, as all member information is collected, processed, and stored via the Square POS system. If you do not agree to these terms, you should not enroll in or participate in the Program.

18. Program Offered in Good Faith
The Meowbership Program is offered by RZI PTY LTD as a loyalty benefit in good faith, and it is not part of our regular products or services. Participation in the Program is entirely voluntary and provided as an additional, complimentary benefit to our valued customers. It is not guaranteed or contractually binding. RZI PTY LTD does not assume any liability or responsibility for any issues, damages, or losses arising from the Program, including but not limited to any interruptions, errors, or failures related to the Program, the Square POS system, or the redemption of Paw Prints. We reserve the right to modify, suspend, or terminate the Program at any time without prior notice. Participation in the Program is solely at your own risk and discretion.

Cafe Tomi STORE TERMS & CONDITIONS

  1. Introduction
    • These Terms and Conditions (Terms) govern the use of Cafe Tomi (Store) and the purchase of goods from the Store by customers. By using the Store, purchasing any goods, or by clicking your agreement to these Terms, you agree to be bound by these Terms.
  2. Definitions
    • Bags refers to any bags, parcels, or personal items.
    • We, us or our refers to Cafe Tomi.
    • You or customer refers to the individual or entity that accesses the Store or purchases goods from the Store.
  3. Pricing
    • All prices displayed in the Store are quoted in Australian Dollars. Prices may be subject to change without notice. Unless otherwise stated, the prices displayed include Goods and Services Tax.
  4. Payment
    • We accept the following forms of payment: Eftpos, Visa, Mastercard, Cash, Paywave. By purchasing any product from our Store, you agree to pay any and all applicable charges, including potential transaction fees. Failure to make payment may result in the cancellation of your purchase.
  5. Product Descriptions and Availability
    • We endeavour to provide accurate product descriptions and images in our Store. However, we cannot guarantee that all information is always accurate, complete, or up-to-date. Product availability may vary, and we reserve the right to restrict or refuse sales of any product at our sole discretion.
  6. Australian Consumer Law
    • Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
  7. Returns and Refunds
    • In accordance with Australian Consumer Law, we will accept returns and provide exchange or refund for products within 7 days from the date of purchase if you have a valid receipt and the products are returned in their original condition, unused, unworn, unwashed, and with original packaging. We do not accept returns or provide refunds for food, event ticket unless they are deemed to be faulty.
    • Under Australian Consumer Law, customers are entitled to a refund, replacement or repair if a product is faulty, not fit for purpose, or doesn’t match the description. Refund requests must be submitted within 7 days of purchase with proof of purchase. Approved refunds will be processed within 7 business days to the original payment method. Return shipping costs for faulty items will be reimbursed.
  8. Bags
    • The store reserves the right, at its sole discretion, to request a search of Bags brought onto the store premises by a customer. By entering the store, Patrons acknowledge and agree to comply with any such request for a bag search.
    • Bag searches may be conducted by authorised store personnel for security purposes. Non-compliance with a request for a bag search may result in the customer being asked to leave the store premises. The store shall not be held liable for any loss or damage that may result from a customer’s refusal to comply with a bag search request.
  9. Safety and Security
    • The store is committed to providing a safe and secure environment for all customers. However, customers are responsible for maintaining the security and safety of their own personal belongings, including Bags, while on the store premises.
    • While the store takes reasonable measures to ensure a safe environment, the store is not responsible or liable for any loss, theft, or damage to any personal belongings, including Bags, left unattended by customers on the store premises.
    • Customers are encouraged to report any suspicious or concerning behaviour to store personnel immediately.
  10. Liability Limitations
    • To the maximum extent permitted by law, we will not be held liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profit or revenue arising from your use of the Store or purchase of goods.
  11. Warranties
    • Some products may be covered by an express warranty provided by the manufacturer or us. This warranty is in addition to your other rights and remedies under Australian Consumer Law and does not limit or replace them.
  12. Intellectual Property Rights
    • All intellectual property rights, including copyright and trademarks, in our Store and its contents, are owned by or licensed to us. You are not permitted to reproduce, copy, or use any such intellectual property without our express written permission.
    • You may view and download content from our Store for personal, non-commercial use only. Any user-generated content you submit grants us a worldwide, royalty-free license to use, modify, and display such content. You must not modify, distribute, or create derivative works from our Store’s content without our prior written consent.
  13. Complaints and Dispute Resolution
    • If you have a complaint or dispute regarding our Store or a product, please contact our customer service team at [email protected]. We will endeavour to resolve any issues promptly and fairly. In the event that an issue cannot be resolved internally, we may agree to participate in external dispute resolution services.
    • Our dispute resolution process follows these steps: (a) We will acknowledge your complaint within 7 business days; (b) Our customer service team will investigate and provide an initial response within 7 business days; (c) If unresolved, the matter will be escalated to senior management for review within 7 business days; (d) If still unresolved, we will propose mediation through an independent dispute resolution service, with costs to be shared equally unless otherwise agreed. You agree to attempt resolution through our internal process before pursuing external options.
  14. Severability
    • If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue to be in full force and effect.
  15. Governing Law
    • These Terms are governed by the laws of Victoria, Australia, and you agree to submit to the non-exclusive jurisdiction of the courts in that state or territory.
  16. Changes to Terms and Conditions
    • We reserve the right to modify these Terms at our sole discretion. We will notify you of any material changes to the Terms, which may be posted in the Store, online, or communicated directly to you.
  17. Contact Information
    • For any queries, complaints, or feedback regarding our Store, products, or these Terms, please contact us at: [email protected].
  18. Privacy and Data Protection
    • We collect and handle your personal information in accordance with the Privacy Act 1988 and Australian Privacy Principles. Your data will be securely stored, used only for specified purposes, and shared only with your consent or as required by law.