Terms & Conditions

Last updated: October 14th, 2026

Entity Name: THE TRUSTEE FOR MY CUP DISCRETIONARY TRUST

1. Introduction and Agreement to Terms

1.1. These Terms and Conditions (“Terms”) govern your use of the website located at mycup.com.au (“Site”) and any associated products, commercial coffee machine hire/rental services, routine maintenance, bean/consumable deliveries, and consultation services offered by THE TRUSTEE FOR MY CUP DISCRETIONARY TRUST (“MyCup”, “we”, “us”, or “our”).

1.2. By browsing, accessing, requesting a quote, booking a trial, or using any services provided on the Site, you (“User”, “Client”, or “Customer”) agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately cease accessing and using this Site.

2. Commercial Nature & Service Scope

2.1. Primary Business: MyCup provides workplace coffee solutions, including commercial and automated coffee machine rentals, event hire, on-site servicing and preventative maintenance, as well as the supply of roasted coffee beans and workplace beverage consumables (such as drinking chocolate, chai, and syrups) across Australia (predominantly the Melbourne metropolitan area).

2.2. B2B Arrangements & Service Agreements: In addition to these website Terms, specific equipment rentals, free trials, service schedules, and bean delivery plans will be governed by written proposals, invoices, or master rental/service agreements entered into between the Client and MyCup. In the event of an inconsistency between these website Terms and an executed commercial agreement, the terms of the executed commercial agreement shall prevail.

3. Quotes, Trials, and Pricing

3.1. Inquiries & Quotes: Submitting an enquiry or quote request through the Site does not constitute a binding contract. Quotes are valid for the period specified in the quote or, if none is stated, for 30 days.

3.2. Pricing & Currency: All fees, machine hire rates, and consumable charges are quoted in Australian Dollars (AUD) and, unless explicitly stated otherwise, are exclusive of Goods and Services Tax (GST) as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

3.3. Free Trials: Where a free workplace coffee machine trial is offered:

The trial is subject to machine availability, site assessment, and MyCup’s written approval.
The Client remains responsible for keeping the equipment in safe, undamaged condition throughout the trial period.
MyCup reserves the right to withdraw, reschedule, or cancel a trial at any time.

4. Equipment Rental, Installation & Maintenance

4.1. Ownership of Equipment: All coffee machines, grinders, and related hardware supplied on a hire, rental, or trial basis remain the sole property of MyCup at all times. The Client acquires no proprietary title, equity, or ownership rights in any equipment.

4.2. Premises Access & Installation: The Client must ensure appropriate electrical outlets, plumbing/water access, and bench space are available in compliance with MyCup’s specifications prior to installation. The Client grants authorized MyCup personnel reasonable access to the premises during business hours for delivery, installation, inspections, preventative servicing, repairs, and collection.

4.3. Client Obligations: The Client agrees to:

Operate the equipment strictly in accordance with manufacturer guides and instructions provided by MyCup;
Conduct routine daily care (e.g., standard automated cleaning cycles, emptying drip trays, wiping steam wands);
Not attempt unauthorized modifications, relocation, or repairs by third parties;
Notify MyCup promptly of any fault, error code, breakdown, or performance issue.

5. Consumables Supply & Usage-Based Billing

5.1. Supply of Beans and Consumables: Where regular bean deliveries or usage-based pricing models are arranged, schedules and minimum volume commitments (if any) will be determined in your service agreement.

5.2. Perishables & Returns: Due to health, food hygiene, and safety regulations, coffee beans and food/beverage powders (such as chocolate or matcha) cannot be returned or refunded once delivered, except where required by the Australian Consumer Law (e.g., product contamination or packaging defects existing prior to delivery).

6. Australian Consumer Law & Statutory Guarantees

6.1. Nothing in these Terms excludes, restricts, or modifies any consumer rights, guarantees, or remedies conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), which cannot be excluded by law.

6.2. To the extent permitted by Section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth), where services or goods supplied are not of a kind ordinarily acquired for personal, domestic, or household use:

For goods: MyCup’s liability is limited to the replacement of the goods, repair of the goods, or the payment of the cost of replacing or repairing the goods;
For services: MyCup’s liability is limited to resupplying the services or paying the cost of having the services resupplied.

7. Limitation of Liability

7.1. To the maximum extent permitted by Australian law:

MyCup will not be liable for any indirect, incidental, consequential, special, or economic loss (including loss of business profits, lost revenue, workplace disruption, or business interruption) arising out of or in connection with the equipment, services, website, or delays in maintenance or delivery.
MyCup is not liable for damages, faults, or injuries resulting from improper use, user negligence, unauthorized repairs, or water/power supply failures at the Client’s facility.

8. Intellectual Property

8.1. All intellectual property on this Site—including text, graphics, logos, images, design layouts, and software—is owned by or licensed to THE TRUSTEE FOR MY CUP DISCRETIONARY TRUST and is protected under the Copyright Act 1968 (Cth) and international copyright treaties.

8.2. You may access the Site for informational and non-commercial purposes. You must not copy, reproduce, modify, republish, distribute, or create derivative works from any part of the Site without our express prior written consent.

9. Website Use & External Links

9.1. You agree not to misuse the Site, including introducing malicious software, scraping data, attempting unauthorized access to server infrastructure, or transmitting defamatory, unlawful, or infringing content.

9.2. The Site may contain links to third-party websites or services. MyCup does not endorse and is not responsible or liable for the content, availability, or practices of third-party platforms.

10. Privacy & Electronic Communications

10.1. By submitting your contact details, booking a trial, or signing up for communications, you consent to MyCup collecting, holding, and using your personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and the Spam Act 2003 (Cth).

10.2. You may opt out of receiving commercial marketing messages at any time using the unsubscribe link provided in our emails or by contacting [email protected].

11. Force Majeure

MyCup shall not be liable for any failure or delay in performing its obligations where such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, industrial disputes, supply chain disruptions, port delays, power/utility grid failures, governmental actions, or health emergencies.

12. Severability & Waiver

If any provision of these Terms is deemed invalid, unenforceable, or illegal by a court of competent jurisdiction, that provision will be severed to the extent of its invalidity, and the remaining provisions will continue in full force and effect. No failure or delay by MyCup in exercising any right under these Terms operates as a waiver.

13. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or your use of the Site shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, and the federal laws of the Commonwealth of Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals therefrom.

14. Contact Us

For any inquiries, requests for service, or legal questions concerning these Terms, please contact:

THE TRUSTEE FOR MY CUP DISCRETIONARY TRUST

Email: [email protected]

Website: mycup.com.au