Terms of Use

JESTERS VIPie CLUB TERMS & CONDITIONS

Effective 1 June 2020.

By registering as a VIPie Club Member, you consent to the terms and conditions outlined in this agreement. The VIPie Club card is only valid for use in Australia.

REGISTRATION – what to do first?

To earn VIPie points, you must first make a purchase from a participating Jesters store and collect a VIPie Club card. Points will be transferred onto your VIPie card after each transaction.

To enjoy the benefits of the VIPie program, you are required to register your card online at jesters.ourloyal.com.au and provide us with a valid email address and complete all required fields. You can also choose to complete the paper registration form in-store which is attached to your new VIPie Club card.
If you choose to register your card online you will be required to authenticate your email address through an email authentication process.
Only one VIPie Club card and account is permitted per person. Each member is only permitted to have one VIPie membership which will be allocated to one nominated email address when the member registers. Each email address may only be used for a single membership.
While every effort will be made in store to ensure points are correctly awarded, Jesters takes no responsibility for errors associated with crediting VIPie points onto members VIPie Club cards.
The VIPie Club card holder is responsible for ensuring that their details are correct at all times.

THE FREEBIES – what are the VIPie Club benefits?

Once the VIPie Club card has been registered online, members will automatically be allocated one (1) free regular hot beverage and a ‘buy one pie, get one pie free’ offer, these two offers will not expire and do not need to be redeemed within a certain time period.

Every time you purchase your tenth (10) pie – in any one or many transactions at any participating Jesters store, you are entitled to one (1) free pie i.e the eleventh (11) pie is free. Every time you purchase your seventh (7) hot beverage – in any one or many transactions at any participating Jesters store, you are entitled to one (1) free regular sized hot beverage i.e the eighth (8) beverage is free. You will, however, have to present your VIPie Club card each time you redeem your free pie or hot beverage.
VIPie points will not be accredited to any free pie or hot beverage. Your entitlement to the free pie or hot beverage cannot be exchanged for another product, neither can it be redeemed for cash.
VIPie Club members are entitled to one (1) free pie on your birthday.
1. A purchase must be made along with your loyalty card being presented at the time of purchase within the last 6 months of the member’s birthday for the free pie to be added to the member’s account. If a member does not make a purchase and/or not present their membership tag at the time of purchase in the 6 months leading up to the member’s birthday, the free pie will not be added to the member’s account. (Does not apply to new members.)
2. The VIPie card must be registered at least 7 days prior to your birthday for the birthday free pie to be added to your account.

An email reminder will be sent to the email address of the member on their nominated birth date (if an email address has been provided). Upon presentation of the VIPie card instore, the free pie will be available to redeem. The free Birthday pie will expire 31 days from the date of issue. If the free pie is not redeemed in the time frame, it is automatically removed from the member’s account. The free Birthday pie is non-transferable and cannot be exchanged for cash. Jesters does not take responsibility for incorrectly entered birth dates during the registration process.

MY CARD IS LOST – what next?

In the case of a lost or stolen VIPie card, email information@jesters.com.au or call (08) 9309 2200 and provide us with your registered email address or name and date of birth. Another VIPie Club card with transferred points will be posted out to you. Jesters accepts no responsibility for the loss, theft or destruction of your VIPie club card.

Every effort will be made to ensure that any VIPie points on the lost or stolen card are transferred to the new card, however Jesters will not be held responsible for any VIPie points accrued that are lost in the transfer.
Jesters reserves the right to refuse use of a VIPie Club card on suspicion of unauthorised, fraudulent or otherwise unlawful use. Where this occurs, the account and card will be cancelled and any VIPie points will be lost.
Jesters staff reserve the right to request photo identification in the form of a valid Driver’s License or Proof of Age Card to ensure the VIPie card belongs to nominated Card holder.
No fees are charged by Jesters for the issue, registration, activation or use of the VIPie Club card program.

THE FINE PRINT – what you can expect from us

Jesters reserves the right to communicate with its members, who have opted in to receive marketing material, to inform them of any upcoming marketing activities/promotions and/or offers.
Jesters will not sell, distribute or disclose members’ details to any third party without your written consent.
Unless otherwise required by law or permitted by this agreement, VIPie points are non-refundable and will not be redeemed for cash nor will cash change be given if not all VIPie points are redeemed in one transaction. No interest or any other earnings on funds deposited to a VIPie Club card will accrue, be paid or be credited to you by Jesters.
VIPie Club cards and their benefits are not transferrable or refundable. Your VIPie Club card should be treated like cash and any points on your card are non-refundable and may not be redeemed for cash.
Reproduction of VIPie Club cards in any form is strictly prohibited. Jesters reserve the right not to accept a VIPie Club card if we reasonably consider that the use is unauthorised, fraudulent or otherwise unlawful.
Jesters reserves all right on any final decision and terminate a membership if a member fails to comply with these terms and conditions or misuses the membership privileges.

Updated by Jesters Franchising Head Office on 14/5/20.

JESTERS WEBSITE

AGREEMENT BETWEEN USER AND Jesters

The Jesters website is comprised of various web pages operated by Jesters.

The Jesters website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Jesters website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Jesters reserves the right to change the terms, conditions, and notices under which the Jesters website is offered, including but not limited to the charges associated with the use of the Jesters website.

LINKS TO THIRD PARTY SITES

The Jesters website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Jesters and Jesters is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Jesters is not responsible for webcasting or any other form of transmission received from any Linked Site. Jesters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jesters of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Jesters website, you warrant to Jesters that you will not use the Jesters website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Jesters website in any manner which could damage, disable, overburden, or impair the Jesters website or interfere with any other party’s use and enjoyment of the Jesters website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Jesters website.

USE OF COMMUNICATION SERVICES

The Jesters website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Jesters has no obligation to monitor the Communication Services. However, Jesters reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Jesters reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Jesters reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Jesters sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Jesters does not control or endorse the content, messages or information found in any Communication Service and, therefore, Jesters specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Jesters spokespersons, and their views do not necessarily reflect those of Jesters.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Jesters OR POSTED AT ANY Jesters website

Jesters does not claim ownership of the materials you provide to Jesters (including feedback and suggestions) or post, upload, input or submit to any Jesters website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Jesters, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Jesters is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Jesters sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Jesters WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Jesters AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Jesters WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE Jesters WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Jesters AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Jesters WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Jesters AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Jesters AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Jesters WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Jesters WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Jesters WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Jesters WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Jesters OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Jesters WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Jesters WEBSITE.

SERVICE CONTACT: information@jesters.com.au

TERMINATION/ACCESS RESTRICTION

Jesters reserves the right, in its sole discretion, to terminate your access to the Jesters website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Jesters website. Use of the Jesters website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jesters as a result of this agreement or use of the Jesters website. Jesters performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Jesters right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Jesters website or information provided to or gathered by Jesters with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Jesters with respect to the Jesters website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jesters with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.