Terms & Conditions: Vapiano Rewards & Vapiano Australia App

1. Vapiano Rewards Overview

1.1 By providing your details, verifying your mobile phone number and/or using your Vapiano Rewards membership and/or downloading the Vapiano Rewards mobile app, you agree to these Terms and Conditions and any modifications made to them from time to time. You also consent to receiving communications via email, SMS and push notification from Vapiano Australia.

1.2 The Vapiano Rewards membership (“Program”) is available at all Vapiano Australia restaurants. Purchases made in-restaurant via the app or by scanning the QR code online ordering accrue Vapiano Points (loyalty Vapiano Points). Purchases made via human ordering POS (Point of Sale) do not automatically accrue Vapiano Points, but Vapiano Points can be added to members account if myexperience@vapiano.com.au is contact with receipt of the purchase. Purchases via third-party delivery partners do not accrue Vapiano Points. Vapiano Points are not redeemable at human ordering POS or third-party delivery partners.

1.3 Individuals can become Loyalty Rewards members (“Members”) by registering their details at www.vapiano.com.au/rewards or by downloading Vapiano Australia app. Only verified members can redeem rewards and accrue Vapiano Points.

1.4 Individuals under 16 years old must have parental/guardian approval to register for this program and further, the parent/guardian of the individual must read and consent to these Terms and Conditions. Parents/guardians may be required by Vapiano Australia to enter into a further agreement as evidence of consent to the minor registering for this Program.

1.5 There is a strict limit of one (1) registered account per member/person. Each account requires an independent mobile number and email address that needs to be verified.

1.6 Please read the Privacy Policy carefully to understand how Vapiano Australia collects, uses and discloses information about its customers and members.

1.7 A new member account may take up to 15 minutes from sign-up to be created. Vapiano Points data may take up to 2 hours after purchase to be attributed to a member’s account.

1.9 Member accounts who have not transacted in a 24-month period will be deactivated.

We’re only concerned with transactions as that constitutes earning or redeeming Vapiano Points

2. Earning & Redeeming Vapiano Points & Rewards

2.1 Until otherwise advised by Vapiano Australia, fifty (50) Vapiano Points will be awarded to a member’s Account for each Australian dollar (AUD) spent by the member in a Vapiano Australia restaurant (excluding charity, complimentary items, and gift cards). Members can earn Vapiano Points for discounted or special-priced items purchases and meal bundles purchases when payment is made in-restaurant via the app or online QR code ordering system. Members can earn ‘double Vapiano Points’ or ‘triple Vapiano Points’ on items during special promotions specified by Vapiano Australia only if the purchase on the item is made at full retail price.

Purchases made in-restaurant via the app or by scanning the QR code to order online will accrue Vapiano Points (loyalty). Purchases made via human ordering POS (point of sale) do not automatically accrue Vapiano Points. However, Vapiano Points can be added to a member’s account should they choose to contact myexperience@vapiano.com.au with a valid receipt of purchase. Purchases via third-party delivery partners do not accrue Vapiano Points. Vapiano Points are not redeemable at human ordering POS or third-party delivery partners.

2.2 Purchases of charity items, complimentary items (e.g. complimentary birthday meal or complimentary drink with any main item purchase offer) and gift cards will not accrue Vapiano Points but all other items in the transaction that are not complimentary will.

2.3 Where redeeming Vapiano Points for items in Vapiano Australia restaurants, members must have enough Vapiano Points to redeem against the full value of the item using Vapiano Points alone. For Vapiano Point redemptions made in accordance with this clause, alternative payment methods should be used for purchase of other items not covered by Vapiano Points redemption.

2.4 Members will be able to register for the program and redeem their Vapiano Points for a reward or gift listed in the Vapiano Australia app under “Rewards”. Member’s Vapiano Points balance will be displayed in app and on email communications, so a member will know the current balance of Vapiano Points associated with their account. The rewards and gifts listed on Vapiano Australia app will vary, with the number of Vapiano Points required for redemption of any one reward listed ranging from 7000 to 30000 Vapiano Points.

2.5 To redeem a reward, a member must add to their cart an item pertaining to that reward via the app or QR code online ordering.

2.6 Once the reward has been redeemed, the Vapiano Points will be deducted from the member’s account. Only one reward can be redeemed per visit.

2.7 All products advertised as rewards in the app may be modified or changed at any time by Vapiano Australia. Vapiano Point redemption required to redeem a reward may also be modified/changed at any time by Vapiano Australia. The reward item is to be redeemed as advertised on the Vapiano Australia menu. Any modification to the reward item will make the item non-redeemable with Vapiano Points, unless it is a valid gluten-free or vegan equivalent option.

2.8 Any values attributed to any reward are correct as at the time of publication, but no responsibility is accepted for any variation in the value of any rewards.

2.9 Full Vapiano Point redemption is required to claim any reward. I.e. it is not possible to redeem a reward partly with cash and partly with Vapiano Points.

2.10 Except as provided for in these terms and conditions, or otherwise specifically authorised by Vapiano Australia, Vapiano Points have no monetary value, or other value, and cannot be redeemed for cash.

2.11 Additional rewards and entitlements may be offered at Vapiano Australia’s absolute discretion.

2.12 If any reward (or part of any reward) offered under this program is unavailable, Vapiano Australia, in its discretion, reserves the right to substitute the reward (or that part of the reward).

3. Birthday Gifts

3.1 Verified members (as defined in 1.3) receive a 2-4-1 (two for one) Pasta or Pizza gift (voucher) for their birthday. Gifts will appear in the member’s app rewards section (‘My Gifts’) 3 days before their birthday and will be available for 30 days.

The lowest value item will be discounted. Offer valid on full priced items only. Extras added to complimentary Pasta or Pizza are not included.

3.2 Members must have signed up to Vapiano Rewards at least a month prior to their birthday to be eligible to receive a birthday treat.

3.3 Verified Vapiano Rewards Members will be sent an email or communicated to via the Vapiano Australia app with a voucher for their birthday gift 3 days before their birthday.

Members will not be eligible for their birthday gift if they sign up to Vapiano Rewards less than a month prior to their birth date.

3.4 Photo identification must be presented to confirm identity and birth date registered on their account. Only one birthday gift voucher can be redeemed per account within 12 months. This offer cannot be redeemed outside the above period regardless of circumstances beyond the member’s control, including but not limited to public holidays, store closures, etc. This complimentary meal at Vapiano Australia is nontransferable and cannot be exchanged or taken as cash. Vapiano Australia take no responsibility for incorrectly entered birth dates during the registration process.

4. Student Offer

4.1 Eligible students receive 20% off full-priced meals and non-alcoholic drinks, available all day, every day. This offer is available to current students with a valid student email address from an accredited Australian educational institution. Email verification is required through the Vapiano Australia app.

4.2 Students must register and verify their student email within the app to activate the discount. Verified student status is valid for 12 months and must be reverified thereafter to continue accessing the offer.

4.3 $25 maximum discount applied per day. The discount applies to full-priced menu items only and excludes alcoholic beverages. This offer cannot be combined with any other promotions, discounts, or vouchers. The offer is not redeemable for cash and is non-transferable.

4.4 Vapiano reserves the right to verify student status and refuse or cancel the offer if fraudulent use is suspected. Offer terms are subject to change or withdrawal at any time at Vapiano Australia’s sole discretion.

5. Membership Details

5.1 A member’s account may only be used by the member in whose name the account is registered. Multiple individuals cannot share one member’s Vapiano Points.

5.2 The member is responsible for ensuring that their details on the account are always correct. It is each member’s responsibility to ensure that the correct number of Vapiano Points has been added or deducted for each eligible transaction.

5.3 Vapiano Australia is not liable for any unauthorized use of a member’s account, Vapiano Points, username or password by third parties, nor is it liable for unauthorised use of a reward code sent to a member.

5.4 Vapiano Australia reserves the right to verify the validity of proposed redemptions and to disentitle any member who tampers with or subverts the redemption process or who submits a redemption request that is not in accordance with these Terms and Conditions.

5.5 All expenses incurred by a member because of redemption of a reward are the responsibility of the member.

5.6 Opting out of our emailing list removes your ability to receive our promotional emails, and thus, removes the ability for any of our birthday promotions or visitation vouchers to be applied your account.

5.7 The number of Vapiano Points accrued for eligible purchases required to redeem may change from time to time without prior notice to members. This includes but is not limited to special promotions running at Vapiano Australia restaurants at selected times.

5.8 Vapiano Point balances and rewards offered under this program are not transferable, exchangeable or redeemable for cash. Vapiano Points accrued in multiple accounts cannot be combined.

5.9 It is each member’s responsibility to ensure that the correct number of Vapiano Points has been added or deducted for each eligible transaction. Individuals must notify Vapiano Australia of any apparent discrepancy as soon as possible by contacting myexperience@vapiano.com.au. Vapiano Australia will not be able to add Vapiano Points related to transactions made prior to member signing up or where a member cannot provide receipt of the purchase.

5.10 Members can utilise the the Vapiano Australia app at any time to check their Vapiano Points balance or when placing an order through our online ordering system.

5.11 Members whose account has not been used for twenty-four (24) months will be contacted one (1) month before the set expiry date and encouraged to make a transaction to prevent their account from expiring. Vapiano Australia will automatically close the Account after 24 months if no transactions and any accrued Vapiano Points and other entitlements will be forfeited.

5.12 From time to time, Vapiano Australia may conduct various reward offers, promotions and discount offers which will be open to verified members (or selected verified members) only. Members may receive personalised offers depending on what Vapiano Australia think you will enjoy. For this reason, one member’s offer may be different from another. Terms and Conditions of these offers will be stated in the communication of each offer.

5.14 Vapiano Australia reserves the right, at any time, to verify the validity of members, registrations, verification of accounts, credit cards for app purchases, and Vapiano Points accrual and redemption (including a member’s identity, age and place of residence). Vapiano Australia reserves the right, in its sole discretion, to disqualify any member who Vapiano Australia has reason to believe has breached any of these Terms and Conditions, tampered with the registration, Vapiano Points accrual/redemption and/or account verification process or engaged in any unlawful or other improper misconduct calculated to jeopardised fair and proper conduct of the Program. Errors and omissions may be accepted at Vapiano Australia discretion. Failure by Vapiano Australia to enforce any of its rights at any stage does not constitute a waiver of those rights. Vapiano Australia’s legal rights to recover damages or other compensation from such an offender are reserved.

5.15 Members must be able to present the credit card used for transaction on the app and a form of photo ID. Vapiano Australia reserves the right to ask you to present the card and/or ID prior to delivering meals and service. Incomplete or indecipherable member registrations or reward redemption forms may, at Vapiano Australia’s discretion, be deemed ineligible for this Program or deemed invalid.

5.16 If there is a dispute as to the identity of a member, Vapiano Australia reserves the right, in its sole discretion, to determine the identity of the member.

6. General

6.1 To the extent permitted by law, all terms, conditions, warranties and representations that might otherwise be granted or implied in relation to rewards or related to this program in any way by law, are hereby expressly excluded. However, these conditions do not exclude or limit any liability that cannot be excluded or limited, or which cannot be excluded or limited except to a limited extent, by law including liability under the Competition and Consumer Act 2010 (Cth). Where such statutory provisions apply, to the extent to which Vapiano Australia is entitled to do so, Vapiano Australia’s liability will be limited at its option to (a) in the case of a supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; (iii) the repair of the goods; or (iv) the payment of the cost of having the goods repaired, and (b) in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

It is a condition of member’s redemption of any reward that the member must comply with all the conditions of use for the reward, and subject to law, the requirements of the supplier of the reward.

6.2 Vapiano Australia reserves the right to alter the Terms and Conditions of the Program without prior notice. This Program, including any offer or promotion conducted under the

program, will continue until such time it is terminated by Vapiano Australia. Should the program be suspended or cancelled at any time, Vapiano Australia will notify members via email or the relevant section of Vapiano Australia’s website.

6.3 If for any reason the program is inoperable (including but not limited to computer virus, bugs, tampering, unauthorized intervention, fraud, and technical failures) Vapiano Australia reserves the right in its sole discretion to disqualify any individual who tampers with Vapiano Australia’s systems, and to cancel, terminate, modify or suspend the program. This includes causes beyond the control of Vapiano Australia which corrupts or affects the administration security, fairness, integrity or proper conduct of this program.

6.4 Vapiano Australia’s decision in relation to all matters arising under this program is final and binding, and no correspondence will be entered into.

6.5 Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Vapiano Australia’s (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of participation in the program. This includes any technical difficulties or equipment malfunction of any telephone network or line, computer system, equipment, server or provider, software, technical problem or traffic congestion on the Internet (whether or not under Vapiano Australia’s control), any theft, unauthorised access or third-party interference, accrual or redemption of Vapiano Points. Any registration or reward claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Vapiano Australia) due to any reason beyond the reasonable control of Vapiano Australia, accepting/using/taking a reward or other entitlement, any tax liability incurred by a member, or accepting/using/taking a discount offer under the program, except where liability cannot be excluded by law.

6.6 Vapiano Australia will not be held responsible for any tax liability incurred by a member in connection with this program, including in relation to any reward, discount or entitlement offered.

6.7 Vapiano Australia will not be held liable for any communication to any member that is late, lost or misdirected for any reason, including but not limited to, spam filters operating on a member’s email account or other system configuration problems.

6.8 Vapiano Australia is not responsible for any problems or technical malfunction of any telephone network or line, computer system, equipment, server or provider, software, technical problem or traffic congestion on the Internet (whether or not under Vapiano Australia’s control). This includes (but is not limited to) any injury or damage to a member or any other person’s computer related to or resulting from participation in or down-loading of any materials in this program.

6.9 These Terms and Conditions are to be read in conjunction with, and subject to, any additional Terms and Conditions governing any reward, promotion, discount or offer operated by Vapiano Australia. In the case of any inconsistencies, these Terms and Conditions will prevail.

7.0 Information collected from members at the time of signing up to the program is subject to the privacy policy listed at Vapiano Australia App and this clause. Vapiano Australia collects personal information to conduct the program and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and reward suppliers. Participating in the program is conditional to providing this information. Vapiano Australia may, for an indefinite period, unless otherwise advised, use the information provided for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the member. Entrants should direct any request to access, update or correct information to Vapiano Australia at myexperience@vapiano.com.au. Details on how to complain about the treatment of your personal information and how such complaints will be dealt with are found in the Privacy Policy.

7.1 Vapiano Australia reserves the right to cancel a member’s loyalty membership immediately, without notice, if the member engages in conduct that, in the company’s sole discretion, violates the company’s code of conduct or otherwise adversely affects the

company’s business or reputation. Such conduct may include, but is not limited to, harassment, threats, violence, or any other disruptive or inappropriate behavior.

7.2 Vapiano Australia reserves the right to change or revise these Terms and Conditions at any time.

This Program is being run by Rydaba Pty Ltd ABN: 46 137 522 582 of 26 Jeays Street, Bowen Hills, QLD 4006 (T/A Vapiano Australia).

7.3 All verified members will receive communications from Vapiano Australia via email displaying their Vapiano Points balance, and from time to time, information and offers. There will be an option in this email to opt out of receiving communication from Vapiano Australia, however members will need to re-opt in to continue to receive information about their Vapiano Points balance.

7.4 Please note members are unable to change their email address or date of birth. If these details need to be updated, please email myexperience@vapiano.com.au.

7.5 The laws of Australia apply to this Program to the exclusion of any other law.

Members submit to the exclusive jurisdiction of the courts of Australia.