Terms of Service

About these Terms

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean PGW Holdings Pty Ltd t/a Brewly AU (ACN 693 495 939).

Some capitalised words in these terms and conditions (Terms) have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms. The obligations in these Terms apply to Users only.

For questions about these Terms, or to get in touch with us, please email: support@brewly.com.au.

These Terms were last updated on 20 July 2026.

Our Disclosures

Please read these Terms carefully before you accept. We draw your attention to:

our privacy policy (on our website) which sets out how we will handle your personal information;

clause 3 (Platform Summary) which sets out how our platform works, the services we provide to you, and your relationship with the Café;

clause 4 (Cancellations, Refunds and Disputes between Cafés and Users) which sets out that you must resolve any disputes with the Café or Product directly with the Café;

clause 15 (Liability) which sets out exclusions and limitations to our liability under these Terms; and

clause 18.8 (Updates to Terms), which sets out how we may amend these Terms.

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 Platform, or for featuring certain goods or services on our Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Services

Our Platform is a place where Cafés and Users can find each other, for the purpose of enabling Users to pre-purchase Products or other items for sale from participating Cafés to be redeemed at that participating Café.

Subject to your compliance with these Terms, we will provide you with access to the Services and a right to use our Platform (which may be suspended or revoked in accordance with these Terms). Unless set out on the Platform, this right cannot be passed on or transferred to any other person.

We only provide our Services and are not a party to any transaction between Cafés and Users.

2. Account

You must sign up for an Account in order to use our Platform.

While you have an Account with us, you agree to:

• keep your information up-to-date (and ensure it remains true, accurate and complete);
• keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
• notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

If you close your Account, you will lose access to the Services.

3. Platform Summary

Users may browse Café Profiles on the Platform and purchase Order Credits which are pre-paid credits or vouchers to be redeemed at the participating Café. Each Order Credit represents a pre-paid credit or voucher issued by the relevant Café for the specific Product described in that Order Credit.

When you purchase an Order Credit through our Platform, you enter into a binding contract with the Café for the future supply of the Product as listed in the Order Credit. We are not a party to such contract between Cafés and Users. The Café is responsible for honouring any Order Credit and for any refunds or remedies if they are unable to do so (including where the Café temporarily or permanently ceases trading).

Each Order Credit purchased entitles you to redeem the Product listed in the Order Credit at the time of purchase. Order Credits cannot be used for any other purpose, are non-refundable, non-transferable and cannot be exchanged for cash. Order Credits have no monetary or cash value and do not constitute stored value, electronic money or any other financial product.

The Café has final discretion on whether to honour or accept an Order Credit and the terms and conditions of supply or sale of their goods and services, and you agree that we are not responsible for this.

You agree to follow the process set out on our Platform to activate and redeem an Order Credit . You agree that we are not liable to you if you fail to follow the activation and redemption process as set out on our Platform.

Order Credits may be subject to expiry as set out on the Platform. To the maximum extent permitted by law, once an Order Credit has expired, it cannot be redeemed, rolled over, refunded or exchanged. To the maximum extent permitted by law, you acknowledge and agree that an Order Credit is not a gift card.

We do not own, control or manage any Order Credits or Products that Cafés make available on the Platform, nor do we prepare or handle the Products. We do not endorse or approve, and are not responsible for, any goods or services provided by a Café or for content listed on our Platform by a Café, including any Products or the details of any Product (including the ingredients, contents, allergens or quality of goods the subject of a Product). If you have any questions about the Products, you should contact the Café directly using the contact information set out on the Platform.

Cafés are responsible for providing the Users with information regarding any ingredients, allergens and other labelling-related information. It is the Café’s and the User’s responsibility to confirm whether any allergens are present in a Product.

4. Cancellations, Refunds and Disputes between Cafés and Users

This clause is subject to (and any refunds must comply with) (as applicable) Apple’s Refund Policy and Google Play Refund Policy.

The cancellation and refund of any amounts paid in respect of an Order Credit is strictly a matter between Cafés and Users. The terms and conditions of Café must clearly set out whether refunds or cancellations are permitted.

We encourage Cafés and Users to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Cafés and Users may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Cafés and Users.

This clause will survive the termination or expiry of these Terms.

5. Payments

You must pay all amounts due to us under these Terms in accordance with these Terms or as set out on our Platform (as applicable).

• Our payment methods will be set out at the time you purchase any Order Credits. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).

We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

• If any fees due to us under these Terms or as a result of your use of our Platform are not paid on time, we may:
• suspend your access to our Services (including access to our Platform); and
• charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

6. Platform Subscriptions

• You may choose a Subscription. You must pay all amounts due to us under a Subscription in accordance with these Terms or as set out on our Platform (as applicable).

Details of the Subscriptions, including features, limitations, fees and billing cycles are set out on our Platform. You will be billed on a regular basis for your Subscription, as set out on our Platform, at the beginning of each billing cycle.

You may upgrade or downgrade your Subscription at any time. Changes to your Subscription will take effect as follows:

• Upgrades: Immediately, with pro-rata charges applied for the current billing cycle.
• Downgrades: At the beginning of the next billing cycle.

All Subscriptions continue for the term that you selected when purchasing the Subscription (Subscription Term). At the end of each Subscription Term, provided you have paid all fees owing, your Subscription will be automatically renewed for the same term. If you wish to cancel your Subscription, you may do so through your Account. Your cancellation will take effect at the end of your current Subscription Term, and the Subscription will not be renewed (meaning you will need to continue paying all fees due up until your current Subscription Term ends).

7. Bundles

You may purchase a Bundle through our Platform. Details of available Bundles, including the number of Order Credits included, the applicable fees and expiry, are set out on our Platform.

8. Promotions

We may from time-to-time issue you with promotional discount codes for use on our Platform (Discount Codes). The conditions of use relating to Discount Codes (including how to claim a Discount Code) will be set out on our Platform.

9. Reviews

You may review your experience with Cafés on our Platform (Review). We may remove Cafés from our Platform (in our sole discretion) who receive a high number of negative Reviews.

You agree to provide true, fair and accurate information in your Review. If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Review.

You may only write a Review about your own experience. You must not write a Review about another person’s experience.

• If you have been offered an incentive (such as a gift, reward, discount or payment) for leaving a Review, you should include information about this in your Review.

You must not disclose any Personal Information in your Review.

10. Confidential Information

You may come across confidential information of other users during the use of our Services. You agree to:

• keep all confidential information strictly confidential;
• use confidential information solely for Platform transactions; and
• not disclose confidential information without permission or as required by law.

We commit to protecting users' confidential information and will only use it for the purpose of supplying our Services.

This clause does not apply to information that is or becomes publicly available through no fault of the receiving party; is required to be disclosed by law, regulation, or court order; is rightfully received from a third party without a duty of confidentiality; is independently developed by the receiving party without use of confidential information; or is approved for release by written authorization of the disclosing party.

These obligations survive the termination or expiry of these Terms or any Platform transaction.

11. Personal Information

We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws. As set out in our privacy policy, 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). As part of our Services, we will also need to disclose information about Users to Cafés, and vice versa, so that they can connect and transact.

You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

Cafés and Users must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.

Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

This clause will survive the termination or expiry of these Terms.

12. Intellectual Property

We own all intellectual property rights in the Services. This includes how the Services look and function, 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 the Services.

We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, 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:

• supply our Services to you and otherwise perform our obligations under these Terms;
• diagnose problems with our Services; and
• perform analytics and improve, develop and protect our Platform.

You must ensure you hold all intellectual property rights in Your Data or information you share or upload to the Platform and you must not commit any intellectual property breach in connection with these Terms.

This clause will survive the termination or expiry of these Terms.

13. Acceptable Use and Prohibited Conduct

You must not:

• circumvent (or attempt to circumvent) the Order Credit activation and redemption process on our Platform, including by taking screenshots or screen recordings of activated Order Credits, using (or attempt to use) an Order Credit more than once, sharing activated Order Credits with others, or using any other method to fraudulently redeem an Order Credit;
• access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
• use the Services for inappropriate, unethical, unreasonable or illegal reasons;
• interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;
• introduce any viruses or other malicious software code into our Platform;
• attempt to access any data or log into any server or account that you are not expressly authorised to access;
• use our Platform to send unsolicited electronic messages;
• use data mining, robots, scraping or other data gathering and extraction tools on our Platform; or
• access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

If you breach clause 13.1, we can suspend your access to the Platform or terminate these Terms in accordance with clause 17.

14. Consumer Law Rights

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 Services, or paying the cost of having our Services resupplied.

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)).

Users may have Consumer Law Rights owed to them by Cafés in respect of goods and services supplied by Cafés.

15. Liability

To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

• any aspect of the interactions between Cafés and Users, including in relation to any Order Credits or supply of goods or services;
• your failure to comply with any app store requirements of Apple Inc. or the Google Play Store;
• any other user’s breach of the Confidential Information, Personal Information and/or Intellectual Property provisions of these Terms; and
• disruptions or downtime caused or contributed to by third parties.

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

• neither we or you are liable for any Consequential Loss;
• 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 (or inactions) of the other party, including any failure by the other party to mitigate its loss; and
• our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if you do not have a Subscription, to AU$1,000.

This clause will survive the termination or expiry of these Terms.

16. Notice Regarding Apple

To the extent that you are using or accessing our Platform 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 Platform and any content available on our Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

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.

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.

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.

• You agree to comply with any applicable third-party terms when using our mobile application.

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.

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.

17. Suspension and Termination

We may suspend your access to our Services where:

we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform);

we reasonably believe that you have breached these Terms; and/or

you fail to comply with any acceptable use or participation rules we have on the Platform.

If we suspend your access to our Services, 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 Services will end.

We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:

you fail to pay any amounts payable to us under these Terms when they are due;

you breach clause 13.1;

you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

you breach these Terms and that breach cannot be remedied; or

you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

You may immediately terminate these Terms:

in accordance with clause 18.8;

if we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

if we breach these Terms and that breach cannot be remedied.

If you have paid any Subscription Fees upfront, you will be issued a pro-rata refund of any unused Subscription Fees based on the portion of the then-current Subscription Term remaining.

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 18.6), and if you have a Subscription, termination will take effect at the end of your current Subscription Term.

• Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.

Termination of these Terms will not affect any other rights or liabilities that we or you may have.

This clause will survive the termination or expiry of these Terms.

18. General

Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

Disputes with Brewly: Neither we nor you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting either you or us may refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation.

Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Platform), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

Governing law: These Terms are governed by the laws of Victoria, and any matter relating to these Terms is to be determined exclusively by the courts in Victoria and any courts entitled to hear appeals from those courts.

Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, contractor relationship or employment relationship between us and you.

Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

Service Availability: We strive to make the Services available but do not guarantee 100% uptime. The Services may be disrupted due to scheduled or emergency maintenance, or issues with third-party providers upon which the Services rely.

Updates to Terms: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform 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 stop using our Platform, or if you have an Account then 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 Services (including our Platform) on and from the date of cancellation.

19. Definitions

In these Terms:

Account means an account accessible to the individual or entity who signed up to our Services.

Bundle means a fixed package of Order Credits purchased by a User through the Platform in a single transaction, as further described on the Platform.

Café means a participating business (including but not limited to cafés, coffee shops, restaurants and other food and beverage outlets) that has registered with us to participate on the Platform and offer Order Credits for sale to Users, which can be redeemed for Products at that business's physical location(s).

Café Profile means a profile created by a Café on our Platform, which includes details of the Café's available Products, terms and conditions, and pricing.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

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.

Order Credit means a digital credit purchased by a User through the Platform, which entitles the User to redeem one Product at the participating Café from which the Order Credit was purchased, subject to the terms and conditions set out in these Terms and the relevant Café Profile.

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.

Platform means our app-based platform that we provide you with access to as part of the Services.

Product means a specific coffee or other food or drink product, or other goods or services, available for redemption using an Order Credit at a participating Café, as described in that Café's Café Profile.

Services means access to the Platform we provide to you, but do not include support services or any other additional services unless we agree otherwise in writing with you.

Subscription means the Subscription plan you have chosen through our Platform, which you use to access certain features and benefits.

Subscription Fees means the fees you pay to us to access your chosen Subscription.

Subscription Term has the meaning given in clause 6.4.

User means a user of our Platform who purchases Order Credits to redeem at participating Cafés.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.