Terms and Conditions

These Terms and Conditions govern your use of the Augustus Gelatery website (the “Website”) and application (“App”) and the rights and obligations as between you and Augustus Gelatery Systems Pty Ltd (“AG”); by using this Platform, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part thereof, you must not use the Website or the App.

1. Privacy Policy

Your use of the Website and App is subject to and governed by our Privacy Policy

2. Loyalty Program

Your participation in any loyalty or rewards program (“Rewards Program”) will be subject to the following:

  • (i) AG reserves the right to refuse participation in the Rewards Program to any person and at any time. For the avoidance of doubt, this right is at the absolute discretion of AG and you have no right to appeal or overturn any decision that we may make. We may cancel, suspend or terminate your participation in the Rewards Program if you do not earn any points within a 12 month period or breach these Terms and Conditions;
  • (ii) AG reserves the right to refuse participation in the Rewards Program to any person and at any time. For the avoidance of doubt, this right is at the absolute discretion of AG and you have no right to appeal or overturn any decision that we may make. We may cancel, suspend or terminate your participation in the Rewards Program if you do not earn any points within a 12 month period or breach these Terms and Conditions;
  • (iii) participation in the Rewards Program is limited to one account per person;
  • (iv) you may be required to provide photo verification of your identity at any point of sale. Any refusal to provide such photo verification may result in a refusal to honour any reward, offer or promotion available through the Rewards Program;
  • (v) all rewards, offers or promotions offered through the Rewards Program are redeemable at any AG branded store unless otherwise indicated. We may communicate rewards, offers or promotions through the medium of our choice, including (but not limited to) the Website and App;
  • (vi) rewards, offers or promotions offered through the Rewards Program may not be exchanged, converted or redeemed for cash or other consideration and are subject to availability. AG reserves the right to substitute rewards, offers or promotions without notice to you where AG is unable to provide the original reward, offer or promotion;
  • (vii) these Terms and Conditions shall apply to any rewards, offers or promotions offered through the Rewards Program unless the express intention is stated within said reward, offer or promotion. The terms and conditions of any reward, offer or promotion may be amended at any time by AG without approval or consent by you;
  • (viii) rewards, offers or promotions offered through the Rewards Program may only be redeemed through the Website or App as specified by AG in any reward, offer or promotion;
  • (ix) reward points (“Points”) may be earned on the basis of your spend within a participating AG branded store, visiting a participating AG branded store or visiting the Website or App and you may exchange Points for products within participating AG stores in accordance with the terms provided within in any reward, offer or promotion. You must present and scan your device with any code or identifier at the time of making any purchase or visiting a store in order to receive your Points or redeem a reward, offer or promotion. Purchases through third party delivery and ordering partners including (but not limited to) Uber, Menulog, Deliveroo etc will not be eligible for inclusion within the Rewards Program or earning any Points unless otherwise specified by AG;
  • (x) Points may not be transferred or exchanged with any person nor may they be exchanged, converted or redeemed for cash or other consideration. AG bears no liability for any misdirected, lost, destroyed, late, undeliverable or damaged Points, rewards, offers or promotions.
  • (xi) Where any reward, offer or promotion results in or involves the issue of a gift card or voucher, you agree and acknowledge that we may attach any conditions or limitations that we deem appropriate (including but not limited to expiry dates) that are not contrary to law;
  • (xii) Augustus Rewards Program awards points to customers for purchases of single scoop, double scoop, triple scoop, 0.5l tubs, 1l tubs and milkshakes only. Any transaction relating to gift cards is excluded from the Rewards Program. Also excluded are cakes, cones and water.

3. Online Ordering through Website and App

  • (i) Where any reward, offer or promotion results in or involves the issue of a gift card or voucher, you agree and acknowledge that we may attach any conditions or limitations that we deem appropriate (including but not limited to expiry dates) that are not contrary to law;
  • (ii) Where you have requested delivery of an order, you agree and acknowledge that we may share your personal details with our third party delivery partners to the extent necessary for your order to be fulfilled. You will be deemed to have accepted these Terms and Conditions and any other applicable terms and conditions relevant to your order at the time of payment through our nominated payment gateway
  • (iii) Where you have requested your order to be made available for pick up within an AG branded store, you will be deemed to have accepted these Terms and Conditions and any other applicable terms and conditions relevant to your order at the time of payment through our nominated payment gateway;
  • (iv) You agree and acknowledge that once an order is placed through the Website or App and payment is made through our nominated payment gateway that you will have no right to cancel or amend your order, or request a refund if you simply change your mind. Under no circumstance will AG be liable for any refund, replacement or other costs, liability or expense where you have been unable or unwilling to collect a pick-up order at a nominated store or you were not available to collect an order for delivery. Notwithstanding the proceeding, you have certain rights relating to refunds in accordance with the Australian Consumer Law and AG is committed to compliance with those rights.
  • (v) Any orders through our online ordering service will require payment by credit card, debit card or other payment methods via the payment facility provided – the payment facility may be provided by a third party provider. If payment cannot be made then your order cannot be accepted. AG does not store your full credit card or debit card details. You can save your preferred payment method through your online ordering account, but our third party provider will store these details for future retrieval. You expressly consent to us sharing your personal information to any third party payment provider we engage from time to time;
  • (vi) You agree and acknowledge that while we take every effort to avoid cross-contamination between products, our production and retail facilities handle products containing dairy, nuts, gluten and other potential allergens. We, therefore, cannot guarantee that any of our products will be free from traces or higher amounts of such allergens and you should assume that all products will contain such allergens. We accept no responsibility or liability for any adverse events arising from any of our products containing such allergens.

4. License to use Website and App

  • (i) Unless otherwise stated, AG and/or its licensors own the intellectual property rights in the Website, the App and material contained therein. Subject to the license below, all these intellectual property rights are reserved.
  • (ii) You may view, download for caching purposes only, and print pages from the Website or APP for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
  • (iii) You must not:
    – republish material from this Website or App (including republication on another Website or App);
    – sell, rent or sub-license material from the Website or App;
    – show any material from the Website or App in public;
    – reproduce, duplicate, copy or otherwise exploit material on this Website or App for a commercial purpose;
    – edit or otherwise modify any material on the Website or App; or
    – redistribute material from this Website or App (except for content specifically and expressly made available for redistribution).

5. Acceptable use

  • (i) You must not use the Website or App in any way that causes, or may cause, damage to the Website or App or impairment of the availability or accessibility of the Website or App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • (ii) You must not use the Website or App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • (iii) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website or App without AG’s express written consent.
  • (iv) You must not use the Website or App to transmit or send unsolicited commercial communications.
  • (v) You must not use the Website or App for any purposes related to marketing without AG’s express written consent.

6. Warranties

  • (i) You agree and acknowledge that this Website and App is provided “as is” and AG has not made any and excludes all warranties, terms, conditions or undertakings, whether express or implied, written or oral, statutory or otherwise including any implied warranty of merchantability or of fitness for a particular purpose in respect of the Website and App. To the full extent permitted by the laws of the Commonwealth of Australia or of any State or Territory of Australia having jurisdiction, any conditions or warranties imposed by such legislation are excluded for those warranties and guarantees that cannot be excluded pursuant to the Competition and Consumer Act 2010 (Cth) or otherwise by law and in so far as liability under or pursuant to such legislation may not be excluded, such liability is limited, at the option of AG, to:
    (A) where a service is concerned, the re-performance of the service or the cost of doing so;
    (B) where a product is concerned, the re-supply of that product or the cost of doing so;
  • (ii) Without prejudice to the generality of the foregoing paragraph, AG does not warrant that:
    – this Website and App will be constantly available, or available at all; or
    – the information on this Website and App is complete, true, accurate or non-misleading.
  • (iii) Nothing on the Website or App constitutes, or is meant to constitute, advice of any kind.

7. Limitations of liability

  • (i) To the maximum extent permitted by law, AG will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website and App:
    – to the extent that the Website and App is provided free-of-charge, for any direct loss;
    – to the extent that the Website and App is provided free-of-charge, for any direct loss;
    – for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  • (ii) These limitations of liability apply even if AG has been expressly advised of the potential loss and AG expressly excludes any liability for any event beyond its control including but not limited to: third party acts, equipment or electronic data transmission failure, strikes, acts of God, civil disturbances, terrorism or war, or other instances which may materially affect our ability to perform, may cause us to suspend or terminate the Rewards Program or access to the Website or App.
  • (iii) Nothing in this Website and App disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit;

8. Reasonableness

  • (i) By using this Website and App, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website or App.

9. Other parties

  • (i) You agree that you will not bring any claim personally against AG’s officers or employees in respect of any losses you suffer in connection with the Website or App.
  • (ii) Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect AG’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as AG.

10. Unenforceable provisions

  • (i) If any provision of this Website and App disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website and App disclaimer.

11. Indemnity

  • (i) You release and indemnify and will continue to release and indemnify AG, its officers, employees, subcontractors and agents from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss), howsoever arising out of your exercise of your rights under these Terms and Conditions and from and against all damages, costs and expenses incurred in defending or settling any such claim, proceeding or demand;

12. Breaches of these terms and conditions

  • (i) You release and indemnify and will continue to release and indemnify AG, its officers, employees, subcontractors and agents from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss), howsoever arising out of your exercise of your rights under these Terms and Conditions and from and against all damages, costs and expenses incurred in defending or settling any such claim, proceeding or demand;

13. Variation

AG may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website and App from the date of the publication of the revised terms and conditions on this Website and App. Please check this page regularly to ensure you are familiar with the current version.

14. Assignment

  • (i) AG may transfer, sub-contract or otherwise deal with AG’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
  • (ii) You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

15. Severability

  • (i) If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Entire agreement

  • (i) These terms and conditions constitute the entire agreement between you and AG in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

17. Law and jurisdiction

  • (i) These terms and conditions will be governed by and construed in accordance with the laws of the State of Victoria, Australia and any dispute will be heard in the courts of that jurisdiction.

18. CURRENT PROMOTIONS

Name: Birthday Gift

Date: 1st of Birth Month

End Date: Valid for the entire Birthday month of the member.

Prize: Free Double Gelato Scoop. This is non-transferable and may not be exchanged for cash.

Who can enter: You must have been a member of the rewards or loyalty program for one month or more prior to your birthday month and must have made at least one transaction prior to the beginning of your birth month. If you are under 18, you must have the approval of your parent or guardian.

How can I enter: Join up to become a member of the Loyalty App.

How many times can I enter: There is one limit per member.

How will I be notified: You will receive your Birthday Coupon in the Augustus Rewards app at the start of your birth month each year.

This promotion and competition will be subject to our standard Terms and Conditions and Privacy Policy.

Not to be used in conjunction with any other offer.

Name: Instagram, Facebook and TikTok Giveaways

Who can enter: Anyone who follows Augustus Gelatery on Instagram and/or Facebook and/or TikTok who is not an Augustus Gelatery employee. If you are under 18, you must have approval of your parent or guardian.

How can I enter: Entry requirements will be specified on the post.

How many times can I enter: There is no limit on the amount of times you can enter.

How will the winner be determined: The winner will be selected at random from all eligible entries and will be contacted through Augustus Gelatery’s official Instagram and/or Facebook and/or TikTok accounts only (via direct messaging).

These competitions are not affiliated or endorsed by Instagram, Facebook or TikTok.

This promotion and competition will be subject to our standard Terms and Conditions and Privacy Policy.

Name:  Augustus Gelatery Achievement Award Voucher  

Who can redeem: Any person who brings the promotional voucher into store. 

How can I redeem: Bring the Achievement Award voucher into the valid store, prior to the expiry date to receive a free scoop.  

How many times can I redeem this coupon: The voucher can be used once. 

Will I receive Augustus Rewards points: Points will not be awarded in conjunction with this offer. 

This offer is only valid at the Augustus Gelatery store printed on the voucher. 

This offer will be subject to our standard Terms and Conditions and Privacy Policy. 

Name:  Augustus Gelatery Free Scoop Voucher  

Who can redeem: Any person who brings the promotional voucher into store. 

How can I redeem: Bring the Free Scoop voucher into the valid store, prior to the expiry date to receive a free scoop.  

How many times can I redeem this coupon: The voucher can be used once. 

Will I receive Augustus Rewards points: Points will not be awarded in conjunction with this offer. 

This offer is only valid at the Augustus Gelatery store printed on the voucher. 

This offer will be subject to our standard Terms and Conditions and Privacy Policy. 

Name: Berwick Open Day Free Single Scoop Coupon

Who can redeem: Anyone who has the Augustus Rewards App. If you are under 18, you must have approval of your parent or guardian.   

How can I redeem: Scan your Berwick Open Day Free Single Scoop Coupon, only on open day Friday 18th October from 12pm.

How many times can I redeem this coupon: This is a single use coupon which can only be used once per person.   

Will I receive Augustus Rewards points: Points will not be awarded in conjunction with this offer.   

This offer is only valid at Augustus Gelatery Berwick 33 High St, Berwick VIC 3806

This offer will be subject to our standard Terms and Conditions and Privacy Policy.