Terms of Service
Last updated: 25/04/2026
This website is operated by Two Penny Coffee (“Two Penny Coffee”, “we”, “us”, or “our”). The terms “you” and “your” refer to you, the user of this website, or the customer purchasing products from us.
These Terms of Service govern your use of the website twopennycoffee.com (the “Site”), our mobile app, your purchases from us online or in our cafés, and your participation in our coffee subscription. By accessing the Site, using our app, or purchasing any of our products, you agree to be bound by these Terms of Service, including any additional terms, conditions, and policies referenced or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our Site, our app, or purchasing from us. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site, use the app, or purchase any products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store, app, or service shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site, the app, or our products and services following the posting of any changes constitutes acceptance of those changes.
1. General conditions
1.1 We reserve the right to refuse service to anyone for any reason at any time.
1.2 You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
1.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the website through which the service is provided, without express written permission by us.
1.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. Eligibility
2.1 You must be at least 18 years of age, or the age of majority in your state or province of residence, to make a purchase from us, create an account, or subscribe to our coffee subscription. By using our Site, you represent and warrant that you meet this requirement.
2.2 You agree not to use our products for any illegal or unauthorised purpose, nor may you, in the use of our Site or services, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. Products and pricing
3.1 All prices listed on the Site are in Australian Dollars (AUD) and include GST unless otherwise stated.
3.2 Prices for our products and any delivery charges may change at any time without notice. We reserve the right to modify or discontinue any product (or any part or content thereof) without notice at any time.
3.3 We have made every effort to display as accurately as possible the colours, images, and details of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any colour, or the appearance of products in person, will be accurate.
3.4 We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
3.5 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
3.6 We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.
4. Orders and payment
4.1 By placing an order through the Site, you make an offer to purchase the products you have selected on these Terms of Service.
4.2 We reserve the right to accept or refuse your order at our discretion. Reasons we may refuse an order include, but are not limited to: the product being unavailable, an error in the description or price of the product, or suspected fraud.
4.3 Once we have accepted your order and processed your payment, we will send you a confirmation email. This email is your receipt and confirms that your order has been accepted.
4.4 We accept payment by the methods displayed at checkout. Payment must be received in full before your order will be dispatched. By providing payment details, you confirm that you are authorised to use the payment method and that the payment information you provide is accurate.
4.5 You are responsible for ensuring that the billing and delivery information you provide at the time of ordering is accurate and complete. We are not responsible for orders that cannot be delivered due to incorrect information provided by you.
5. Café and in-store purchases
5.1 In addition to online sales, you may purchase products from our cafés. Café purchases are governed by these Terms of Service to the extent applicable, together with any additional terms displayed in-store or communicated to you at the time of purchase.
5.2 In-store prices may differ from online prices. Promotions, discount codes, loyalty rewards, and offers available online may not be available in-store, and vice versa, unless we expressly state otherwise.
5.3 We reserve the right to refuse service in our cafés at our discretion, including for behaviour that is unsafe, abusive, or otherwise inconsistent with the enjoyment of our cafés by other customers and our team.
5.4 Food and beverage items prepared in our cafés are intended for immediate consumption unless otherwise indicated. We are not responsible for items that deteriorate due to prolonged storage after purchase.
6. Shipping and delivery
6.1 We deliver to addresses within Australia. For some destinations, delivery may not be available; we will let you know if your address cannot be served.
6.2 Delivery times and shipping costs are displayed at checkout and may vary depending on your location and the products ordered. While we make every effort to dispatch and deliver orders within the timeframes indicated, these are estimates only and are not guaranteed.
6.3 Risk in the products passes to you on delivery to the address specified in your order. We are not responsible for loss, damage, or delay caused by the carrier, by an incorrect address provided by you, or by your failure to collect the order from the carrier.
6.4 If your order is returned to us undelivered (for example, because of an incorrect address or because the order was not collected), we will contact you to arrange redelivery. Redelivery charges may apply.
7. Returns and refunds
7.1 Our returns and refund arrangements are set out in our Returns & Refunds Policy, which forms part of these Terms of Service. Please review the policy before placing an order.
7.2 Nothing in these Terms of Service excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy you may have under the Australian Consumer Law (ACL) or any other applicable consumer protection law that cannot be excluded, restricted, or modified by agreement.
8. Subscriptions
8.1 Our coffee subscription allows you to receive recurring deliveries of selected products on a frequency you choose at sign-up.
8.2 By subscribing, you authorise us (and our payment provider) to charge your nominated payment method on a recurring basis at the price and frequency set out at sign-up, until you cancel.
8.3 Subscriptions are auto-renewing. Your subscription will continue and renew automatically at the price applicable at the time of each renewal, unless you cancel before your next billing date. Prices may change from time to time; if a price change applies to your subscription, we will give you reasonable notice before the change takes effect, and you may cancel before the change applies.
8.4 You can manage your subscription, change your products, change your delivery frequency, skip a delivery, pause, or cancel at any time through your account on the Site, by using the link in your subscription confirmation email, or by contacting us. To avoid being charged for the next delivery, changes or cancellations must be made before the next billing date. Once an order has been processed, it cannot be cancelled.
8.5 We may suspend or cancel your subscription if a payment fails. We may attempt to charge your payment method again. If we are unable to take payment, your subscription may be paused or cancelled.
8.6 We may modify, suspend, or discontinue the subscription program at any time. If we do so in a way that materially affects an active subscription, we will give you reasonable notice.
9. Account information
9.1 To purchase from us, subscribe to our service, or use certain features of our Site or app, you may need to create an account. You agree to provide current, complete, and accurate information for your account.
9.2 You are responsible for keeping your password confidential and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account or any other breach of security.
9.3 We are not liable for any loss or damage arising from your failure to keep your account information secure.
10. Promotions, competitions, and offers
10.1 From time to time we may run promotions, competitions, discounts, or other offers. These will be governed by the specific terms set out at the time of the offer, in addition to these Terms of Service.
10.2 Discount codes and promotional offers cannot be used in conjunction with any other offer unless expressly stated. We reserve the right to limit the use of promotions to one per customer or per household.
10.3 We reserve the right to cancel, modify, or refuse any promotion, competition, or offer at any time, including where we suspect fraud, abuse, or breach of the offer terms.
10.4 Competition winners will be notified using the contact details provided at entry. Unclaimed prizes may be redrawn or forfeited at our discretion in accordance with the relevant competition terms.
11. Loyalty program and mobile app
11.1 Our loyalty program and our mobile app are operated with our partners and are subject to the terms presented at sign-up, in addition to these Terms of Service.
11.2 Loyalty points and rewards have no cash value, are non-transferable, and cannot be exchanged for cash. We may change the structure, value, or availability of points and rewards at any time on reasonable notice.
11.3 We may suspend or cancel a loyalty account where we suspect fraud, abuse, or breach of these terms or the loyalty program terms.
12. Intellectual property
12.1 The Site, its content (including text, graphics, logos, images, photographs, audio, video, and software), the Two Penny Coffee name, and all related trademarks are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.
12.2 You may view, download, and print content from the Site for your personal, non-commercial use only. You must not otherwise reproduce, distribute, modify, transmit, or use any content from the Site without our prior written permission.
13. User comments, feedback, and other submissions
13.1 If you send us comments, suggestions, ideas, or other submissions (whether requested by us or not), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any content you forward to us. We are under no obligation to maintain such content in confidence, pay compensation for it, or respond to it.
13.2 You agree that your submissions will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your submissions will not contain unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website.
14. Prohibited uses
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the Site or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To upload or transmit viruses or any other type of malicious code;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Site or any related website.
We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
15. Disclaimer of warranties; limitation of liability
15.1 We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
15.2 The Site, the app, and all products and services delivered to you through the service are (except as otherwise expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
15.3 Nothing in these Terms of Service excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied by law (including the Australian Consumer Law) which cannot be lawfully excluded, restricted, or modified.
15.4 To the extent permitted by law, our liability for any claim relating to products or services supplied by us is limited, at our option, to:
- The supply of the products or services again; or
- The payment of the cost of having the products or services supplied again.
15.5 To the extent permitted by law, in no case shall Two Penny Coffee, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the products or services.
16. Indemnification
You agree to indemnify, defend, and hold harmless Two Penny Coffee and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
17. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
18. Termination
18.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
18.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing your use of the Site.
18.3 If, in our sole judgment, you fail (or we suspect that you have failed) to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our services (or any part thereof).
19. Entire agreement
19.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
19.2 These Terms of Service, together with any policies or operating rules posted by us on the Site or in respect of the service, constitute the entire agreement and understanding between you and us, and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
20. Governing law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
21. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or our service following the posting of any changes constitutes acceptance of those changes.
Contact us
Questions about these Terms of Service should be sent to us at:
Two Penny Coffee
115 Pitt Street, SYDNEY NSW 2000
Email: hello@twopennycoffee.com
Website: twopennycoffee.com
Terms of Service
Last updated: 25/04/2026
This website is operated by Two Penny Coffee (“Two Penny Coffee”, “we”, “us”, or “our”). The terms “you” and “your” refer to you, the user of this website, or the customer purchasing products from us.
These Terms of Service govern your use of the website twopennycoffee.com (the “Site”), our mobile app, your purchases from us online or in our cafés, and your participation in our coffee subscription. By accessing the Site, using our app, or purchasing any of our products, you agree to be bound by these Terms of Service, including any additional terms, conditions, and policies referenced or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our Site, our app, or purchasing from us. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site, use the app, or purchase any products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store, app, or service shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site, the app, or our products and services following the posting of any changes constitutes acceptance of those changes.
1. General conditions
1.1 We reserve the right to refuse service to anyone for any reason at any time.
1.2 You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
1.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the website through which the service is provided, without express written permission by us.
1.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. Eligibility
2.1 You must be at least 18 years of age, or the age of majority in your state or province of residence, to make a purchase from us, create an account, or subscribe to our coffee subscription. By using our Site, you represent and warrant that you meet this requirement.
2.2 You agree not to use our products for any illegal or unauthorised purpose, nor may you, in the use of our Site or services, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. Products and pricing
3.1 All prices listed on the Site are in Australian Dollars (AUD) and include GST unless otherwise stated.
3.2 Prices for our products and any delivery charges may change at any time without notice. We reserve the right to modify or discontinue any product (or any part or content thereof) without notice at any time.
3.3 We have made every effort to display as accurately as possible the colours, images, and details of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any colour, or the appearance of products in person, will be accurate.
3.4 We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
3.5 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
3.6 We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.
4. Orders and payment
4.1 By placing an order through the Site, you make an offer to purchase the products you have selected on these Terms of Service.
4.2 We reserve the right to accept or refuse your order at our discretion. Reasons we may refuse an order include, but are not limited to: the product being unavailable, an error in the description or price of the product, or suspected fraud.
4.3 Once we have accepted your order and processed your payment, we will send you a confirmation email. This email is your receipt and confirms that your order has been accepted.
4.4 We accept payment by the methods displayed at checkout. Payment must be received in full before your order will be dispatched. By providing payment details, you confirm that you are authorised to use the payment method and that the payment information you provide is accurate.
4.5 You are responsible for ensuring that the billing and delivery information you provide at the time of ordering is accurate and complete. We are not responsible for orders that cannot be delivered due to incorrect information provided by you.
5. Café and in-store purchases
5.1 In addition to online sales, you may purchase products from our cafés. Café purchases are governed by these Terms of Service to the extent applicable, together with any additional terms displayed in-store or communicated to you at the time of purchase.
5.2 In-store prices may differ from online prices. Promotions, discount codes, loyalty rewards, and offers available online may not be available in-store, and vice versa, unless we expressly state otherwise.
5.3 We reserve the right to refuse service in our cafés at our discretion, including for behaviour that is unsafe, abusive, or otherwise inconsistent with the enjoyment of our cafés by other customers and our team.
5.4 Food and beverage items prepared in our cafés are intended for immediate consumption unless otherwise indicated. We are not responsible for items that deteriorate due to prolonged storage after purchase.
6. Shipping and delivery
6.1 We deliver to addresses within Australia. For some destinations, delivery may not be available; we will let you know if your address cannot be served.
6.2 Delivery times and shipping costs are displayed at checkout and may vary depending on your location and the products ordered. While we make every effort to dispatch and deliver orders within the timeframes indicated, these are estimates only and are not guaranteed.
6.3 Risk in the products passes to you on delivery to the address specified in your order. We are not responsible for loss, damage, or delay caused by the carrier, by an incorrect address provided by you, or by your failure to collect the order from the carrier.
6.4 If your order is returned to us undelivered (for example, because of an incorrect address or because the order was not collected), we will contact you to arrange redelivery. Redelivery charges may apply.
7. Returns and refunds
7.1 Our returns and refund arrangements are set out in our Returns & Refunds Policy, which forms part of these Terms of Service. Please review the policy before placing an order.
7.2 Nothing in these Terms of Service excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy you may have under the Australian Consumer Law (ACL) or any other applicable consumer protection law that cannot be excluded, restricted, or modified by agreement.
8. Subscriptions
8.1 Our coffee subscription allows you to receive recurring deliveries of selected products on a frequency you choose at sign-up.
8.2 By subscribing, you authorise us (and our payment provider) to charge your nominated payment method on a recurring basis at the price and frequency set out at sign-up, until you cancel.
8.3 Subscriptions are auto-renewing. Your subscription will continue and renew automatically at the price applicable at the time of each renewal, unless you cancel before your next billing date. Prices may change from time to time; if a price change applies to your subscription, we will give you reasonable notice before the change takes effect, and you may cancel before the change applies.
8.4 You can manage your subscription, change your products, change your delivery frequency, skip a delivery, pause, or cancel at any time through your account on the Site, by using the link in your subscription confirmation email, or by contacting us. To avoid being charged for the next delivery, changes or cancellations must be made before the next billing date. Once an order has been processed, it cannot be cancelled.
8.5 We may suspend or cancel your subscription if a payment fails. We may attempt to charge your payment method again. If we are unable to take payment, your subscription may be paused or cancelled.
8.6 We may modify, suspend, or discontinue the subscription program at any time. If we do so in a way that materially affects an active subscription, we will give you reasonable notice.
9. Account information
9.1 To purchase from us, subscribe to our service, or use certain features of our Site or app, you may need to create an account. You agree to provide current, complete, and accurate information for your account.
9.2 You are responsible for keeping your password confidential and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account or any other breach of security.
9.3 We are not liable for any loss or damage arising from your failure to keep your account information secure.
10. Promotions, competitions, and offers
10.1 From time to time we may run promotions, competitions, discounts, or other offers. These will be governed by the specific terms set out at the time of the offer, in addition to these Terms of Service.
10.2 Discount codes and promotional offers cannot be used in conjunction with any other offer unless expressly stated. We reserve the right to limit the use of promotions to one per customer or per household.
10.3 We reserve the right to cancel, modify, or refuse any promotion, competition, or offer at any time, including where we suspect fraud, abuse, or breach of the offer terms.
10.4 Competition winners will be notified using the contact details provided at entry. Unclaimed prizes may be redrawn or forfeited at our discretion in accordance with the relevant competition terms.
11. Loyalty program and mobile app
11.1 Our loyalty program and our mobile app are operated with our partners and are subject to the terms presented at sign-up, in addition to these Terms of Service.
11.2 Loyalty points and rewards have no cash value, are non-transferable, and cannot be exchanged for cash. We may change the structure, value, or availability of points and rewards at any time on reasonable notice.
11.3 We may suspend or cancel a loyalty account where we suspect fraud, abuse, or breach of these terms or the loyalty program terms.
12. Intellectual property
12.1 The Site, its content (including text, graphics, logos, images, photographs, audio, video, and software), the Two Penny Coffee name, and all related trademarks are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.
12.2 You may view, download, and print content from the Site for your personal, non-commercial use only. You must not otherwise reproduce, distribute, modify, transmit, or use any content from the Site without our prior written permission.
13. User comments, feedback, and other submissions
13.1 If you send us comments, suggestions, ideas, or other submissions (whether requested by us or not), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any content you forward to us. We are under no obligation to maintain such content in confidence, pay compensation for it, or respond to it.
13.2 You agree that your submissions will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your submissions will not contain unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website.
14. Prohibited uses
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the Site or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To upload or transmit viruses or any other type of malicious code;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Site or any related website.
We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
15. Disclaimer of warranties; limitation of liability
15.1 We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
15.2 The Site, the app, and all products and services delivered to you through the service are (except as otherwise expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
15.3 Nothing in these Terms of Service excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied by law (including the Australian Consumer Law) which cannot be lawfully excluded, restricted, or modified.
15.4 To the extent permitted by law, our liability for any claim relating to products or services supplied by us is limited, at our option, to:
- The supply of the products or services again; or
- The payment of the cost of having the products or services supplied again.
15.5 To the extent permitted by law, in no case shall Two Penny Coffee, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the products or services.
16. Indemnification
You agree to indemnify, defend, and hold harmless Two Penny Coffee and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
17. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
18. Termination
18.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
18.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing your use of the Site.
18.3 If, in our sole judgment, you fail (or we suspect that you have failed) to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our services (or any part thereof).
19. Entire agreement
19.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
19.2 These Terms of Service, together with any policies or operating rules posted by us on the Site or in respect of the service, constitute the entire agreement and understanding between you and us, and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
20. Governing law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
21. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or our service following the posting of any changes constitutes acceptance of those changes.
Contact us
Questions about these Terms of Service should be sent to us at:
Two Penny Coffee
115 Pitt Street, SYDNEY NSW 2000
Email: hello@twopennycoffee.com
Website: twopennycoffee.com