Terms & Trade

TERMS OF TRADE: GIVE & TAKE CO. - STOCKISTS

1. Introduction

1.1 These Terms of Trade ("Terms") govern the relationship between Give & Take Co. ("G&T," "we," "us," or "our") and cafes, restaurants, and other businesses ("Stockists," "you," or "your") participating in our reusable cup rental program.

1.2 By subscribing to and ordering G&T cups, you agree to be bound by these Terms.

2. Subscription & Pricing

2.1 To become a Stockist, you must subscribe to G&T for NZD $14.99 per month.

2.2 Stockists can purchase G&T cups at the following rates:

8oz cups – NZD $2.00 each
12oz cups – NZD $2.25 each
16oz cups – NZD $2.50 each

2.3 Stockists MUST rent out the cups to customers at the same price paid.

3. Use & Returns

3.1 Customers may return a G&T cup and request a refund of the rental fee.

3.2 Customers exchanging a used G&T cup for another coffee shall receive their beverage in a clean, reusable G&T cup. The used cup must be properly washed and sanitised before reuse.

3.3 Returned cups must be inspected and washed before being re-rented.

4. Excess Stock & Refunds

4.1 If you have excess stock of G&T cups, you may return them to G&T, provided they are in a cleaned condition and are suitable enough to be reused.

4.2 Postage costs for returning excess stock will be refunded within 30 working days, upon receipt of valid postage evidence (emailed info@giveandtake.online with subject "postage refund request").

4.3 Refunds for returned stock will only be processed if your subscription remains active in the month they were delivered.

4.4 Cups returned must be at least 50 as a minimum, unless you will be unsubscribing. If this is the case, PLEASE NOTE THIS IN THE EMAIL.

4.5 Not suitable enough to be reused means: Either the cup/lid/both are broken, defaced, missing or can no longer safely hold coffee.

4.6 Postage must be standard post, tracking number and with signature required. Lost cups will be investigated with postage company, and only refunded when the postage company refunds G&T.

4.7 There will be no refunds of subscriptions.

5. Stockist Responsibilities

5.1 Stockists must ensure all G&T cups are cleaned and sanitised before reuse.

5.2 Stockists are responsible for handling customer refunds for returned cups in accordance with these Terms and Customer Terms of Use (below).

5.3 To continue as a G&T Stockist and receive refunds for returned cups, an active subscription must be maintained.

5.4 If a stocklist receives stock from customers and they are not (or no longer) a stocklist; then refunds won't be given for returned stock by G&T. In these situations, refer a customer to stocklist list on the website. Any unsubscribed stocklist is treated as a unregistered stocklist and will face legal action including stop notices and court enforced stop orders.

6. Termination

6.1 Either party may terminate this agreement with 30 days’ written notice.

6.2 Upon termination, Stockists must cease using G&T branding and return any excess stock for refunds (if eligible).

6.3 Refunds for returned stock will not be available for terminated Stockists.

7. Liability & Indemnity

7.1 G&T shall not be liable for any damage, loss, or injury arising from the misuse of G&T cups.

7.2 Will not be held responsible for any damage to persons if coffee is made carelessly or accidentally too hot by the stocklist.

7.3 Stockists agree to indemnify G&T against any claims arising from their participation in the program, including but not limited to improper sanitation or handling of reusable cups.

8. Governing Law & Dispute Resolution

8.1 These Terms shall be governed by the laws of New Zealand (if activity is in New Zealand) or Australia (if activity is in Australia).

8.2 Any disputes shall first be attempted to be resolved amicably. If unresolved, disputes may be referred to mediation or arbitration in accordance with New Zealand law (if activity is in New Zealand) or in accordance with Australian law (if activity is in Australia).

9. Amendments

9.1 G&T reserves the right to amend these Terms at any time. Notice of changes will be provided to Stockists with at least 30 days’ notice.

By subscribing to Give & Take Co., you acknowledge and agree to these Terms of Trade.

TERMS OF USE: GIVE & TAKE CO. - END CUSTOMERS

ACCEPTANCE OF TERMS

By accessing or using GiveAndTake.Online ("the Website"), you agree to be bound by these Terms of Use. If you do not agree, you must not use the Website.

USER REGISTRATION

A.1 You must be at least 18 years old to register.

A.2 You agree to provide accurate and complete registration information.

A.3 You are responsible for maintaining the confidentiality of your login credentials.

COMMUNITY GUIDELINES

B.1 Permitted Use:

✓ Be respectful to all community members

✓ Engage in good faith exchanges

✓ Comply with all applicable laws

B.2 Prohibited Conduct:

✓ Harassment, bullying or hate speech

✓ Posting false or misleading information

✓ Sharing private information without consent

✓ Any illegal activities

PROHIBITED ITEMS & SERVICES

The following may not be offered on our platform:

✗ Illegal or restricted items

✗ Weapons and dangerous goods

✗ Counterfeit or stolen goods

✗ Adult or explicit content

✗ Services that violate any laws

INTELLECTUAL PROPERTY

C.1 All website content is owned by GiveAndTake.Online or its licensors.

C.2 Users retain ownership of their posted content but grant us a license to display it.

PRIVACY

D.1 We collect and use personal information as described in our Privacy Policy.

D.2 We implement security measures but cannot guarantee absolute security.

LIMITATION OF LIABILITY

E.1 We are not liable for:

✗ Any indirect or consequential damages

✗ User-generated content accuracy

✗ Transactions between users

GOVERNING LAW

These Terms are governed by New Zealand law (if activity is in New Zealand) or Australian law (if activity is in Australia). Any disputes will be resolved in New Zealand or respectfully Australian courts. If activity is outside of these jurisdictions then New Zealand law applies.

CHANGES TO TERMS

We may modify these Terms at any time. Continued use after changes constitutes acceptance.

CONTACT INFORMATION

For questions about these Terms:

info@giveandtake.online

SUBJECT: Questions of Terms of Use

In addition, refer to our Privacy and cookies policy on our website.

Drafted March 2025.