OAKBERRY App Terms and Conditions

1. PROGRAM OVERVIEW

(a) The OAKBERRY Club Loyalty Program (Program) is operated by Oakberry Australia Pty Ltd (ACN 680 820 642) (OAKBERRY, we, us, our).

(b) By joining the Program, downloading or using the OAKBERRY App, or providing your details (including a unique email and mobile number), you agree to these Terms and Conditions (Terms).
(c) The Program offers members rewards and benefits at participating OAKBERRY stores in Australia and via the App.

(d) These Terms apply alongside the OAKBERRY App Terms & Conditions and Privacy Policy, which together govern your participation.

2. MEMBERSHIP ELIGIBILITY & REGISTRATION

(a) Individuals may join the Program (Club Members) by:

(i) Downloading the OAKBERRY App;

(ii) Registering with a valid and unique email and mobile number; and

(iii) Verifying their account if required.

(b) Members must be 18 or over. Those under 18 need parental/guardian consent, which OAKBERRY may request in writing.
(c) Each individual may hold only one account. Shared or duplicate accounts may be closed, with rewards forfeited.
(d) Once registered, members receive a unique membership number and barcode accessible via the App and compatible wallets (e.g. Apple Wallet, Google Pay).

3. EARNING STAMPS, REWARDS & REDEMPTION

(a) Members earn digital stamps (Stamps) when making eligible purchases at participating OAKBERRY stores or through the App. One Stamp is generally awarded per full-priced bowl or smoothie, but earning rules may vary and are always set out in the App.
(b) Stamps and rewards have no cash value, cannot be transferred, and are only valid as described in the App. Rewards, Stamps, and benefits are not property of the Member.
(c) Rewards, such as free products, vouchers, or birthday benefits, are issued and redeemed through the App or by presenting membership details in-store. All conversions (including from previous programs), reward types, expiry periods, and eligibility requirements are managed through the App and may change at OAKBERRY's discretion.
(d) Members are responsible for ensuring their membership barcode is scanned or linked at purchase. OAKBERRY is not responsible for missed Stamps, expired rewards, or unavailable products.
(e) Rewards cannot generally be combined with other discounts or offers, are subject to product availability, and may be substituted or withdrawn at any time.

4. EXCLUSIONS & LIMITATIONS

(a) Not all purchases qualify for Stamps or rewards. Excluded transactions generally include discounted or promotional items, vouchers, gift cards, and orders through third-party delivery platforms (including UberEats, DoorDash, Menulog and similar services). Full details are always set out in the App and may change at any time.
(b) Rewards cannot be converted to cash, transferred to others, or redeemed outside participating stores. They must be used within their expiry period and are subject to product availability.

(c) Rewards usually cannot be combined with other offers unless stated otherwise. OAKBERRY may impose additional limits or substitutions, with current rules communicated through the App.

4.1. BIRTHDAY VOUCHERS

To be eligible to receive a Birthday Voucher, customers must meet the following criteria:

• The customer must be an active member of the Oakberry loyalty program.
• An active member is defined as a customer who has successfully completed at least one qualifying purchase no less than 24 hours prior to their registered date of birth.
• Purchases made on the customer's birthday or within 24 hours before their birthday do not qualify for Birthday Voucher eligibility.
• The customer's date of birth must be correctly entered in their account prior to eligibility assessment.
• Birthday Vouchers are valid for redemption on the customer's exact date of birth only and expire at 11:59 pm (local time) on that day.
• Birthday Vouchers cannot be extended, reissued, or redeemed before or after the birthday.
• Oakberry reserves the right to verify eligibility and to withhold Birthday Vouchers where the above conditions are not met.
• Birthday Vouchers are issued automatically and cannot be issued or redeemed retrospectively if eligibility requirements are not met at the time of assessment.

5. TRANSITION, CHANGES & TERMINATION

(a) From time to time, OAKBERRY may discontinue or adjust existing loyalty programs and replace them with new structures. Where this occurs, OAKBERRY may, at its discretion, offer transition arrangements for members holding balances or benefits under a discontinued program. These details (including conversion rates, thresholds, and validity periods) will be communicated at the time of transition through the App. Balances that do not meet minimum thresholds may be forfeited without compensation.
(b) Any coupons or rewards issued as part of a transition will carry specific expiry dates and redemption rules, set out in the App at the time of issue. Unless otherwise stated, transition rewards cannot be transferred, extended, exchanged for cash, or combined with other offers. OAKBERRY's decisions regarding conversion values and eligibility are final.
(c) OAKBERRY reserves the right to update or amend these Terms, rewards, and features of the Program at any time. Notice of changes will be provided through the App or other communication channels. Benefits and rules may be adjusted, substituted, or withdrawn without prior notice. OAKBERRY may, at its discretion, maintain a page on its website that outlines the eligibility criteria for current promotions; however, OAKBERRY is under no obligation to notify Members of updates to that page or to ensure it is kept current.
(d) The Program may be suspended or terminated at OAKBERRY's discretion. If this occurs, all unused Stamps, balances, or benefits will immediately expire without compensation.
(e) Members may cancel their membership at any time by contacting customer service, following in-App prompts, or providing written notice through official channels. On cancellation, all unused rewards and Stamps will be forfeited.
(f) Upon termination of either the Program or an individual account, outstanding benefits not redeemed by the effective termination date will become void. Member data will be retained only as required by law, regulation, or OAKBERRY's Privacy Policy.

6. CUSTOMER RESPONSIBILITIES

(a) Club Members are responsible for managing their Program account, including keeping login details, membership numbers, and barcodes secure. Any activity on the account will be treated as authorised by the Member.
(b) Members must notify OAKBERRY immediately of suspected unauthorised access. OAKBERRY is not responsible for lost, stolen, or misused rewards, nor for technical failures, outages, or connectivity issues that prevent earning or redemption. Members acknowledge that the Program operates digitally and occasional disruptions may occur.
(c) Members must keep their contact details, including email and mobile number, current at all times. Updates can be made in the App or through official support channels. Failure to do so may result in missed communications or expired rewards.
(d) Use of the App and Program may require certain hardware, software, or connectivity. OAKBERRY is not responsible if Members cannot access or use the Program due to device, software, or network incompatibility
(e) OAKBERRY may verify Member identity, age, or eligibility at any time, including before rewards are redeemed. This may involve checking personal details, account activity, and transaction records.
(f) Creating duplicate accounts, manipulating Stamps, transferring non-transferable rewards, or attempting to circumvent Program rules is prohibited. OAKBERRY may suspend or cancel accounts for fraudulent activity, misuse, or inappropriate behaviour toward staff or customers.
(g) OAKBERRY reserves the right to determine compliance with these Terms, eligibility for rewards, and authenticity of transactions. Such determinations are final and binding, except where inconsistent with non-excludable consumer rights.
(h) Membership is conditional on respectful behaviour toward OAKBERRY staff, customers, and partners. Any offensive, abusive, or inappropriate conduct (including threats or harassment) may result in immediate suspension or termination of membership and forfeiture of rewards

7. PRIVACY & PERSONAL INFORMATION

(a) OAKBERRY collects, uses, and discloses personal information in connection with the Program in line with its Privacy Policy, available at www.oakberry.com.au and through the App. By joining the Program, Members acknowledge that they have read and understood the Privacy Policy and consent to their personal information being handled as described, including for administration, marketing, and promotional purposes. OAKBERRY may update its Privacy Policy from time to time, and continued participation in the Program constitutes acceptance of those updates.

8. LIABILITY & CONSUMER RIGHTS

(a) The Program is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, OAKBERRY's total liability for any claim connected with the Program is limited to one Australian dollar (AU$1.00). No warranties are given in relation to Program availability, uptime, or uninterrupted operation.
(b) OAKBERRY is not responsible for any delays, failures, or disruptions caused by events beyond its control, including natural disasters, strikes, government action, or technical issues such as system outages, connectivity problems, or App malfunctions. Nor is it responsible for account misuse, lost or stolen rewards, or any indirect or consequential loss.
(c) Any tax liability connected with the receipt or redemption of rewards is the sole responsibility of the Member.
(d) Nothing in these Terms excludes rights under the Australian Consumer Law or other non-excludable guarantees. Where such rights apply, OAKBERRY's liability is limited, at its election, to resupplying the relevant services or covering the reasonable cost of having those services re-supplied.

9. GENERAL TERMS

(a) Members must first direct any disputes or concerns about the Program to OAKBERRY customer service. OAKBERRY will make reasonable efforts to resolve issues quickly and fairly. If a dispute cannot be resolved in this way, the parties agree to attempt good faith mediation through a recognised dispute resolution service before starting legal proceedings. OAKBERRY's decisions regarding Program operation, eligibility, and rewards are final, except where inconsistent with non-excludable consumer rights under applicable law.
(b) These Terms are governed by the laws of New South Wales, Australia. Any disputes that cannot be resolved through the process above will be subject to the exclusive jurisdiction of the NSW courts.
(c) These Terms, together with the OAKBERRY App Terms & Conditions and Privacy Policy, form the entire agreement between OAKBERRY and Members. If any provision is found invalid or unenforceable, the remainder will continue in effect, and the invalid provision will be modified as needed to give effect to the parties' intentions.
(d) Membership accounts and rewards are personal to each Member. They may not be sold, traded, transferred, or otherwise used for commercial purposes.
(e) OAKBERRY may assign its rights or obligations under these Terms to an affiliated entity or business successor without consent. OAKBERRY is not responsible for any failure or delay caused by events beyond its reasonable control, including natural disasters, strikes, system failures, or government action.
(f) Official Program communications will be sent to the contact details provided in the App, and Members are responsible for keeping their information up to date. Certain provisions, including those on privacy, liability, and dispute resolution, will survive termination of membership or the Program.
(g) OAKBERRY's interpretation and application of these Terms is final and binding in all matters relating to Program operation, administration, and conduct, ensuring consistent application across all Members.

CONTACT INFORMATION

For questions about the OAKBERRY Club, these Terms & Conditions, OAKBERRY App Terms & Conditions and Privacy Policy, please contact us on hello@oakberry.com.au.

Last Updated: 26 September 2025

OUR DISCLOSURES

Please read these Terms carefully before you accept them. We draw your attention to the fact that:
● we will handle your personal information in accordance with our privacy policy, available at www.oakberry.com.au;
● subject to your Consumer Law Rights:
    ○ our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$200;
    ○ we will not be liable for delays or failures in performance caused or contributed to by an event or circumstance beyond our reasonable control;
● we may amend these Terms at any time, by providing written notice to you, and by clicking "I accept" or continuing to use our App after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by notifying us; and
● we may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our App, or for featuring certain goods or services on our App.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Engagement and Term

1.1 These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our App for this period of time only (which may be suspended or revoked in accordance with these Terms).
1.2 You must be at least 18 years old to use our App.
1.3 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking "I accept" or continuing to use our App after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our App on and from the date of cancellation.

2. Account

2.1 You must sign up for an Account in order to access and use our App.
2.2 You may register for an Account using your Apple or Google account (Single Sign-On Account). If you sign in to your Account using a Single Sign-On Account, you authorise us to access information from your Single Sign-On Account including your name and contact information.
2.3 While you have an Account with us, you agree to keep usernames and passwords secure and confidential, and let us know if you become aware of any unauthorised access to your Account.
2.4 We may suspend your access to our App where we reasonably believe there has been any unauthorised access to or use of our App. If we suspend your access to our App, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our App will end.

3. Payments

3.1 It is free to register an Account on the App.

Online ordering for in-store collection

3.2 You may place an order for products at specific OAKBERRY stores via the App. You must make payment for products by credit or debit card, or other payment method made available by us in the App (including Gift Cards).
3.3 The availability of products is subject to each store's opening hours and quantities of ingredients.
3.4 It is your responsibility to check the order details, including selected products, store location, collection time and pricing, before you submit your order through the App.
3.5 We may ask you to provide photo ID to confirm you are the Account holder before you can collect your order.
3.6 Once orders have been placed, they cannot be cancelled by you.
3.7 We may notify you in the App that an order has been cancelled at any time, and if this happens, we will reimburse you for any payment already made using the same method you used to pay for your order.
3.8 Due to the perishable nature of our products, if you do not pick up your products within a reasonable time after they are ready for pickup, your products may be disposed of at our discretion and (subject to your rights under the Australian Consumer Law) no refunds will be provided.

Gift cards

3.9 You may purchase virtual gift cards on the App (Gift Card).
3.10 Our Gift Cards expire 3 years from the date of purchase. It is your responsibility to keep track of the expiration date. We will not send you any reminders of when your Gift Card will expire. Any unused credit will expire on the expiration date, and cannot be redeemed after this date.
3.11 You can redeem your Gift Card on the App at checkout.
3.12 If the amount of your Gift Card does not cover the total price for the items you wish to purchase, you will need to pay the remainder of the purchase with another payment method, or with another gift card.
3.13 Your Gift Card can be used in conjunction with a discount code.
3.14 Gift Cards are not redeemable for cash and cannot be returned for a cash refund or exchanged. This clause does not seek to limit any rights you may have under Australian Consumer Law. Gift Cards cannot be used to purchase Gift Cards.
3.15 Any unused balance will remain as credit on the Gift Card and is not transferable for a cash payment. Additional values cannot be added to existing Gift Cards.
3.16 If a purchase made using a Gift Card is cancelled or returned, the portion of the purchase attributable to the Gift Card will be refunded as credit to use on our App only.
3.17 Your use of the Gift Card may be declined where there is fraud, deception or reasonable suspicion of illegal activities in connection with your use.

Special offers

3.18 We sometimes make special offers available through our App. Special offers may not be combined with any other promotions, discounts or coupons unless explicitly stated. Additional details about any special offers are available on the App. Certain offers and rewards may also be subject to the Oakberry Club Loyalty Program Terms and Conditions.
3.19 There may be products on our App that are excluded from the applicability of any special offer.
3.20 We may offer a reward point program. We set out on the App the number of reward points you must accumulate before being entitled to free or discounted products. You must indicate that you wish to claim your free or discounted product at the time of submitting your order through the App.
3.21 Any refunds offered for products purchased using a special offer will be for the value actually paid for the products after the special offer was applied.
3.22 Subject to your rights under the Australian Consumer Law and these Terms, we are not responsible if a special offer is or becomes unavailable.
3.23 We can substitute ingredients and inclusions of any special offers as a result of seasonal variation, supplier changes or other factors.

General

3.24 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our App by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

4. Platform Licence

4.1 While you have an Account, we grant you a right to use our App.
4.2 You must not:

(a) interfere with our App, or with any other person's access to our App;
(b) introduce any viruses or other malicious software code into our App;
(c) use any unauthorised or modified version of our App, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our App; or
(d) access or use our App to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

5. Availability, Disruption and Downtime

5.1 While we strive to always make our App available to you, we do not make any promises that it will be available 100% of the time. Our App may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
5.2 Our App may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
5.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our App.

6. Intellectual Property and Data

6.1 We own all intellectual property rights in our App. This includes how our App looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our App.
6.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new products, features or promotions), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

6.3 We do not own any of Your Data, but when you enter or upload any of Your Data into our App, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

(a) supply our App to you;

(b) improve, develop and protect our App; and

(c) send you information we think may be of interest to you based on your marketing preferences.

6.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur of various networks, and may be transferred unencrypted.
6.5 When you use our App, we may create anonymised statistical data from Your Data and usage of our App (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our App, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
6.6 If you do not provide Your Data to us, it may impact your ability to use our App.

7. Confidential Information and Personal Information

7.1 While using our App, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours only have access to confidential information on a 'need-to-know basis' (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
7.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
7.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available at www.oakberry.com.au, and applicable privacy laws.
7.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual's express consent).
7.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

8. Consumer Law Rights

8.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our App (or, where you have purchased products, resupplying the products), or paying the cost of having our App resupplied.
8.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
8.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

9. Liability

9.1 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

(a) a party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions of the other party, including any failure by the other party to mitigate its loss; and
(b) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$200.

10. Notice Regarding Apple

10.1 To the extent that you are using or accessing our App on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our App and any content available on our App.
10.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our App.
10.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
10.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
10.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party's intellectual property rights.
10.6 You agree to comply with any applicable third-party terms when using our mobile application.
10.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
10.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

11. Termination

11.1 Either Party may terminate these Terms (meaning, in the case of you, you will lose access to our App, including access to your Account) if:

(a) the other Party (Defaulting Party) breaches these Terms and does not remedy that breach within 14 days of the other Party notifying the Defaulting Party of that breach; or

(b) the Defaulting Party breaches these Terms and that breach cannot be remedied.

11.2 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 12.5), and termination will take effect immediately.
11.3 Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
11.4 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

12. General

12.1 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (Dispute) unless we and you first meet (in good faith) to resolve the Dispute.
12.2 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our App), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
12.3 Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales.
12.4 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
12.5 Notices: Any notice you send to us must be sent to hello@oakberry.com.au. Any notice we send to you will be sent to the email address registered against your Account.
12.6 Survival: Clauses 6 to 11 will survive the termination or expiry of these Terms.
12.7 Third Party Sites: Our App may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our App, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our App, or for featuring certain goods or services on our App. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our App.

13. Definitions

13.1 In these Terms:
Account means an account accessible to the individual who signed up to our App.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Your Data means the information, materials, images and other intellectual property or data supplied by you when using our App or stored by or generated by your use of our App, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our App.