These Terms apply to your access to, and use of, all or part of any South African website or mobile application of Starbucks Corporation, Starbucks Coffee Company, or their respective subsidiaries and affiliated companies (collectively, “Starbucks”), including starbucks.co.za, and any other South African site, mobile application or online service where these Terms are posted (collectively, the “Sites”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Starbucks for products, services or otherwise.
While we make reasonable efforts to provide accurate and timely information about Starbucks Corporation on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Starbucks. You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the Sites.
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITES. If the User is between the ages of 13 and 18, he or she may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Starbucks if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
STARBUCKS CARDS; STARBUCKS REWARDS™ PROGRAM
Starbucks may allow you to purchase Starbucks stored value cards (“Starbucks Cards”) or register for its Starbucks Rewards™ (“Rewards Program”) program through the Sites. Please refer to Starbucks Card T&C for more information about the terms, conditions and policies that apply to your purchase and use of Starbucks Cards; and to the Rewards Program T&C for more information about the terms, conditions and policies that apply to your registration and use of the Starbucks Rewards program.
If a User signs up for a Starbucks account on the Sites, the User may choose to opt in to receive promotional email communications from Starbucks (“Email Communications”). The User may, at any time, opt out of receiving Email Communications from Starbucks by adjusting the User’s profile settings in the User’s Starbucks account via www.starbucks.co.za, or by clicking the 'unsubscribe' link or button in the Email Communication.
COPYRIGHT, TRADEMARKS, AND USER LICENSE
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the Starbucks logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the property of Starbucks or its licensors or users and are protected by South Africa and international copyright and trade laws. Starbucks Coffee Company, Starbucks, the Starbucks logo, and other Starbucks trademarks, service marks, graphics, and logos used in connection with the Sites are trade names, trademarks or registered trademarks of Starbucks Corporation (collectively “Starbucks Marks”). Other trademarks, service marks, graphics and logos used in connection with the Sites are the trademarks or registered trademarks of their respective owners (collectively “Third Party Marks”). The Starbucks Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Starbucks or the applicable trademark holder. The Sites and the Content are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Starbucks or the owner of the Content. All rights not expressly granted are reserved.
Subject to these Terms, Starbucks grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms (“User License”). Any use of the Sites in any other manner, including, without limitation, resale, transfer, modification or distribution of the Sites or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Sites (“Content”) is prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. These Terms and User Licenses also govern any updates to, or supplements or replacements for, the Sites, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
NOTICES OF INFRINGEMENT
If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement by email to [email protected] Starbucks will act expeditiously to remove infringing or unlawful material.
In accordance with applicable law, Starbucks has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed repeat infringers. Starbucks may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
User’s use of the Sites, any Content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone numbers, financial information (such as credit card numbers), information related to a Starbucks Card or employer name (“User Information”) transmitted in connection with the Sites is limited to the contemplated functionality of the Sites. In no event may the Sites be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Starbucks, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Starbucks or Content that is not authorised by Starbucks; (f) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Starbucks or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorised access to Starbucks’ computer network or user accounts; (i) encourages conduct that would constitute a criminal offence or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Starbucks’ servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively “Acceptable Use”). Starbucks reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Sites, remove Content, or assert legal action with respect to Content or use of the Sites, that Starbucks reasonably believes is or might be in violation of these Terms, or Starbucks policies including the Starbucks Card Terms and Conditions. Starbucks’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Starbucks does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Starbucks liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.
If you become aware of User Content that you believe violates these Terms, you may report it by clicking on the "Report Abuse" or "Flag" links located just below each piece of User Content. Enforcement of these Terms however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms. Although Starbucks has no obligation to screen, edit or monitor any of the User Content posted on the Sites, Starbucks reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to Starbucks that you grant herein. Starbucks claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant Starbucks and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release Starbucks and its agents and employees from any claims that such use, as authorised above, violates any of your rights, waive any moral rights in User Content and you understand that you will not be entitled to any compensation for any use of your User Content.
SUBMISSION OF IDEAS
Separate and apart from the User Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about Starbucks, our Sites and our products (collectively, "Ideas") either through the Sites or otherwise. The Ideas you submit are voluntary, non-confidential, gratuitous and non-committal. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes. You must also inform us if you have a pending or registered patent relative to the Idea.
You represent and warrant that your Idea is not subject to any confidentiality obligations or third party intellectual property encumbrances and that you own and control all of the rights to the Idea and have the authority to grant the rights to Starbucks that you grant herein.
By submitting your Idea, you grant Starbucks and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Idea, you hereby release Starbucks and its agents and employees from any claims that such use violates any of your rights, and waive any moral rights in Ideas.
Starbucks shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Idea or a similar idea of its own.
LINKS TO SITES
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray Starbucks in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Starbucks' logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilise framing techniques to enclose any Starbucks trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Starbucks or any third party. Starbucks makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Sites. Such sites are not under the control of Starbucks and Starbucks is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
The User agrees to defend, indemnify, and hold harmless Starbucks, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors (“Starbucks Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including legal fees and disbursements on a solicitor-client basis) (“Claims”) that arise from or relate to the User’s use or misuse of the Sites, violation of these Terms, violation of any rights of a third party, any User Content or Ideas you provide, or your conduct in connection with the Sites. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a Starbucks Indemnitee’s sole negligence. Starbucks reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
Save as set out to the contrary in these terms, Starbucks is providing the sites to the user “as is” and the user is using the sites at his or her own risk. To the fullest extent allowable under applicable law, Starbucks disclaims all warranties, whether expressed or implied, including any warranties that the sites are merchantable, reliable, available, accurate, fit for a particular purpose or need, non-infringing, free of defects or viruses, able to operate on an uninterrupted basis, that the use of the sites by the user is in compliance with laws applicable to the user, or that user information transmitted in connection with the sites will be successfully, accurately, or securely transmitted or received. The materials and information on the sites may include technical inaccuracies or typographical errors.
Save as set out to the contrary in these terms, and subject to applicable law, in no event shall Starbucks or its officers, directors, employees, shareholders or agents (a) be liable to the user with respect to use of the sites, the content or the materials contained in or accessed through the sites (including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Starbucks), or any damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Starbucks' records, programs or services; and (b) be liable to the user for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, or the inability to use the sites or any of their features. The user’s sole remedy is to cease use of the sites. Nothing in these terms limits the liability of Starbucks for death or personal injury caused by its negligence, fraud, fraudulent misrepresentation or misstatement or for any statutory rights not capable of limitation under applicable law.
THIRD PARTY CONTENT, SITES, PRODUCTS AND SERVICES (INCLUDING ADVERTISING AND PROMOTIONS)
Starbucks may provide third party content on the Sites (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Starbucks of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Starbucks is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You must comply with any applicable third-party terms when using the Sites.
MODIFICATIONS TO THE SITES
Starbucks reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Starbucks will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
GOVERNING LAW AND JURISDICTION
These terms will, in all respects, be governed and construed in accordance with the laws of South Africa. The USER irrevocably consents to the non-exclusive jurisdiction of the Courts of South Africa.
Notwithstanding any of these Terms, Starbucks reserves the right, without notice, and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. Starbucks’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Starbucks reserves the right to change or modify these Terms or any other Starbucks policies related to use of the Sites at any time and at its sole discretion by posting revisions on the Sites. Continued use of the Sites following such changes or modifications to the Terms or other Starbucks policies will constitute acceptance of such changes or modifications.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Any questions, complaints, or claims regarding the Sites should be directed to [email protected]