Terms of Service
Esh Bros Pty Limited ABN 60 074 351 992 trading as LOYREW, operator of LoyalCup
Effective: 23 August 2026 · Version: 1.0
Part A — General
1. About these terms
These terms govern your use of the LoyalCup website at loyrew.com and, where the relevant Part applies to you, your use of the LoyalCup system.
Esh Bros Pty Limited ABN 60 074 351 992, trading as LOYREW (we, us, our), operates LoyalCup.
By using the website or the LoyalCup system, you agree to these terms. If you do not agree, do not use them.
2. Definitions
We use the same terms as our Privacy Policy:
- Client — a café, quick-service restaurant or hospitality business that subscribes to LoyalCup.
- Customer — a member of the public who joins a client’s loyalty programme through the branded app or counter display.
- Partner — a reseller or channel partner appointed by us.
- You — whichever of these applies to you, including a visitor to loyrew.com.
3. Which Part applies to you
| You are | Read |
| A visitor to our website | Parts A, B and F |
| Someone who submits an enquiry or uses a sales tool | Parts A, B, C and F |
| A business subscribing to LoyalCup | Parts A, B, D and F |
| A reseller or channel partner | Parts A, B, E and F |
| A Customer of a Client using LoyalCup | Part G |
4. Where a signed agreement exists, it prevails
Clients and Partners typically sign a separate written agreement, order form or reseller pack. If anything in these terms conflicts with that signed agreement, the signed agreement prevails to the extent of the inconsistency.
Part B — Using our website
5. Permitted use
You may use the website for lawful purposes and to learn about, evaluate and enquire about LoyalCup.
You must not: use the site unlawfully or to break any law; attempt to gain unauthorised access to any part of the site, our systems or another user’s account; interfere with the site’s operation, security or availability; scrape, harvest or systematically extract content or data; introduce malicious code; or use the site to send unsolicited commercial messages.
6. Our intellectual property
The website and everything on it — text, images, video, graphics, the LoyalCup and LOYREW names and logos, software and design — is owned by us or licensed to us and protected by Australian and international law.
You may view and print pages for your own business evaluation. You may not otherwise copy, reproduce, modify, republish or commercially exploit any part of it without our written permission.
7. Accuracy of website content
We take care to keep the site accurate and current, but content is general information only, provided as-is, and may change without notice. Statements about features and capability describe the product generally and are not warranties. Nothing on the site is an offer capable of acceptance, and nothing on it is financial, legal or business advice.
8. Third-party links
The site may link to third-party sites. We do not control them and are not responsible for their content, products or privacy practices. A link is not an endorsement.
Part C — Enquiries, demonstrations and sales tools
9. Enquiries and demonstrations
Submitting an enquiry or requesting a demonstration creates no obligation on either side. Demonstrations are free, carry no obligation to purchase, and do not constitute an offer.
10. Indicative figures
Our sales tools — the client landing page, the ROI calculator and the client demo — produce estimates based on the figures you enter. They are illustrative only.
They are not projections, forecasts, guarantees or representations of results you will achieve. Actual results depend on your business, your customers, your pricing and how you run your loyalty programme. You should not rely on them as the sole basis for a purchasing decision.
11. Case studies and examples
Examples on our website that are described as illustrative are scenarios showing how the system is designed to work, not accounts of actual customers, unless we expressly identify them as real and name the business.
12. Sales tool access keys
Access links to our sales tools are issued per prospect with a unique key and are personal to you. Do not share them. We may revoke a key at any time.
Part D — Client subscription terms
13. What you get
A LoyalCup subscription is an all-inclusive package comprising:
- the counter display — a commercial-grade Android screen supplied for use at your counter;
- a branded customer app carrying your branding;
- the owner dashboard, including analytics, the promotions builder and multi-site support;
- the Always-On Loyalty Manager — scheduled promotion rotation, lapsing-customer detection and a monthly performance digest;
- support as described in your order form.
Your tier, price and inclusions are set out in your order form or invoice.
14. Fees, billing and payment
Fees are invoiced and settled outside the LoyalCup platform and the LoyalCup website. Neither the platform nor the website processes payments, stores payment card details or provides billing functionality. This is consistent with section 5 of our Privacy Policy.
Fees, the billing cycle, payment terms and any GST treatment are as stated in your order form or invoice. Unless stated otherwise, prices are in Australian dollars and exclude GST.
15. Term, renewal and termination
LoyalCup subscriptions are sold either as a one-year plan or a three-year plan.
Either party may terminate for material breach that is not remedied within 30 days of written notice. We may suspend the service where fees are overdue, or where use of the service threatens the security or integrity of the platform.
16. The counter display hardware
The counter display hardware is bundled into the subscription, with title passing after a minimum one-year term.
You must use the display in accordance with reasonable instructions, keep it in good order (fair wear and tear excepted), and not modify it or install other software on it. Risk of loss or damage passes to you on delivery. You must notify us promptly if it is lost, stolen or damaged.
We will repair or replace hardware that fails through a manufacturing fault during the subscription term at no charge. This does not limit your rights under the Australian Consumer Law.
17. Your responsibilities
You are responsible for: the accuracy of your business details and branding; the content of the promotions, offers and rewards you configure; honouring the rewards your loyalty programme offers to your customers; the conduct of your staff using the system; keeping login credentials secure; and complying with the laws that apply to your business, including consumer protection, gift card and privacy law.
You are responsible for having a lawful basis to enrol your customers and for meeting your own privacy obligations to them. We handle that information in accordance with our Privacy Policy and your agreement with us.
18. Your customer data
Your customer list belongs to you, not to us.
We hold and process your Customers’ information on your behalf in order to provide the service, as described in section 9 of our Privacy Policy.
You may export your Customer list at any time while your subscription is active. We recommend exporting your data before your subscription ends.
Following termination we retain Customer loyalty data for no longer than two years, after which it is deleted or de-identified, except where we are required by law to retain it. This matches the retention table in section 16 of our Privacy Policy.
19. Service availability
We aim to keep the platform available and will use reasonable efforts to minimise disruption. We may carry out maintenance and will give reasonable notice of planned maintenance where practicable.
We are not liable for unavailability caused by matters outside our reasonable control, including your internet connection, your power supply, device faults, or third-party platform or hosting outages.
Part E — Reseller and channel partner terms
20. Appointment
Appointment as a LoyalCup Partner takes effect only when we confirm it in writing. Submitting a reseller application does not appoint you and does not entitle you to represent LoyalCup.
Your territory, commission structure, margins and targets are set out in the reseller pack and your partner agreement, which prevail over this Part.
21. How you must represent LoyalCup
You must: describe the product accurately and only as described in materials we supply; not make performance guarantees, revenue promises or claims we have not authorised in writing; not misrepresent your relationship with us — you are an independent contractor, not our agent, employee, partner or joint venturer; and comply with the Australian Consumer Law, including the prohibitions on misleading or deceptive conduct.
You must not bind us to any obligation, or hold yourself out as able to do so.
22. Confidentiality
The reseller pack, pricing, margins and roadmap information are confidential. You must not disclose them to any third party, and must use them only to sell LoyalCup. This obligation survives termination.
23. Leads and Client data
Client and prospect information you receive through the partner programme may be used only to sell and support LoyalCup, and must be handled in accordance with the Privacy Act and our Privacy Policy. It must not be used for any other product or purpose, or retained after termination.
24. Commission and termination
Commission is calculated and paid as set out in your partner agreement, outside the LoyalCup platform. We may terminate an appointment on 30 days’ written notice, or immediately for breach of clause 21, 22 or 23, or for conduct that damages the LoyalCup or LOYREW brand.
Part F — Liability, warranties and general
25. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
Where our goods or services come with guarantees that cannot be excluded under the Australian Consumer Law, and we are entitled to limit our liability, our liability is limited — at our option — to:
- for goods: replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so; and
- for services: resupplying the services, or paying the cost of having them resupplied.
26. Other warranties
Subject to clause 25, and to the maximum extent permitted by law, the website and the LoyalCup system are provided as is, and we exclude all other warranties, whether express, implied or statutory.
We do not warrant that the service will be uninterrupted or error-free, that it will achieve any particular commercial result, or that it will increase your revenue, visit frequency or customer retention by any amount.
27. Limitation of liability
Subject to clause 25, and to the maximum extent permitted by law:
- we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, business opportunity, anticipated savings or data; and
- our total aggregate liability arising out of or in connection with these terms is limited to the total fees you paid us in the 12 months before the event giving rise to the claim.
28. Indemnity
You indemnify us against claims, losses and costs arising from your breach of these terms, your unlawful use of the website or the system, the content of the promotions and rewards you configure, or your failure to honour a reward you have offered your Customers — except to the extent caused by our own negligence or breach.
29. Privacy and data security
Our handling of personal information is governed by our Privacy Policy at loyrew.com/privacy/, which forms part of these terms.
Both documents describe the same arrangements: we do not process payments through the website or platform; geo-push location data is not stored even where permission is granted; and hosting is provided by Microsoft Azure with certain service providers processing data outside Australia.
We maintain a data breach response plan and will notify affected individuals, the Office of the Australian Information Commissioner and, where a breach affects Customer information, the relevant Client, as described in section 15 of our Privacy Policy.
30. Changes to these terms
We may update these terms. The current version is always at loyrew.com/terms/ with its effective date. For Clients and Partners, we will give reasonable notice of any change that materially reduces your rights, and where a change materially disadvantages you, you may terminate without penalty by giving notice before it takes effect.
31. Governing law
These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State and the courts of appeal from them.
32. General
If any provision is unenforceable it is severed and the rest continues in force. A failure to enforce a right is not a waiver of it. You may not assign your rights without our written consent; we may assign ours on notice as part of a business transfer. Clauses 6, 18, 22, 25–29 and 31 survive termination. These terms, together with any signed agreement and our Privacy Policy, are the entire agreement between us.
33. Contact
Esh Bros Pty Limited trading as LOYREW
Email: hello@loyrew.com
Post: 7 Dunbil Court, Bangor NSW 2234, Australia
Part G — Notice to Customers
If you joined a loyalty programme at a business that uses LoyalCup, your loyalty programme is run by that business, not by us. It sets its own rewards, offers and conditions, and it is responsible for honouring them.
We supply the technology it uses. How we handle your personal information is described in our Privacy Policy at loyrew.com/privacy/.
Questions about stamps, rewards or offers should go to the business you joined. Questions about your personal information can go to either that business or to us at privacy@loyrew.com.
