Borrow by Huskee Terms & Conditions
By registering as a Venue Partner you agree to the following terms and conditions:
1. Huskee is the HuskeeSwap (“HuskeeSwap System”) and Borrow by Huskee (“Borrow System”) operator globally (together “Huskee Services and System”)
1.1. The Huskee Services and System is owned, operated and provided by Huskee and use of the Huskee Services and System is subject to these Terms.
1.2. Borrow by Huskee is a reusable cup rental service
1.3. Venue Partner is any venue where retail/beverages are provided
2. Each Party warrants that:
2.1. it has full legal capacity, right, authority and power to enter into these Terms and to perform its obligations under these Terms; and
2.2. these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms.
3. Huskee warrants that:
3.1. it is the owner (under registered systems and common law) of its intellectual property - including all its trade marks, designs, copyrights and patents which are protected in Australia and internationally; and
3.2. it is the owner, inventor and operator of the HuskeeSwap cup exchange system
and Borrow by Huskee system (“the Systems”).
4. Venue Partner warrants:
4.1. to provide all assistance, any information and documentation to enable us to provide the Platform and that all information it provides to us is true, accurate, complete and up to date and will be updated as and when it changes; and
4.2. it will carry out the Services in a manner that reflects favorably on the Huskee brand and will not bring the brand into disrepute.
5. Venue Partner agrees:
5.1. it uses the Platform at its own risk; and
5.2. we do not guarantee that the Platform will be secure, timely, uninterrupted or error or virus free or that the Platform will meet its expectations or requirements; and
5.3. To obligations below terms for any of the Huskee Systems and Services it delivers at it’s location(s); and
5.4. to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
6. Huskee agrees:
6.1. It will continue to develop and improve the Huskee System and Services and will notify the Venue Partner of changes.
Borrow by Huskee System Overview:
Borrow by Huskee enables customers to borrow reusable Huskee BorrowCups from participating cafes and venues, with the aim to reduce single-use cup waste. The System operates under two services models:
● Full-Service Model (with Huskee-managed washhubs)
● Return-to-Venue Model (venue manages washing and returns)
Borrow by Huskee System
7. As Venue Partner agree to operate the Borrow System as follows:
7.1. Venue Partner agrees to pay security deposit on required volume of BorrowCup of $3;
7.2. You agree to maintain and manage an adequate float inventory of BorrowCups;
7.2.1. You agree to reorder to replace damaged, lost or non returned BorrowCups on monthly basis;
7.2.2. Where BorrowCups are verified as lost by customer, and customer has been charged, Venue Partner will not be charged;
7.3. Venue Partner agrees to have an appropriately labelled drop-off point in store, where BorrowCup must be returned either:
7.3.1. At Huskee SmartBin; or/and
7.3.2. Location where customer can provide confirmation to Venue Partner of drop off to your location and confirm Cup and Lid on receipt;
7.4. As a Venue Partner, you agree to provide the ordered beverage in a BorrowCup from your float;
7.4.1. Each time a cup is borrowed from your venue, your account will be credited $3.00 through an account store credit;
7.4.2. Each time a cup is returned to your venue from elsewhere, your account will be debited $3.00 through an account store debit;
7.4.3. Where beverage is provided in exchange for a returned BorrowCup a service fee shall be accrued as per the Service Model nominated for your venue.
7.5. As a Venue Partner, you agree to allow Borrow by Huskee members to return Cups and Lids in your store in accordance with the following:
7.5.1. Verify customer has returned Cup and Lid;
7.5.2. verify customer membership has been activated through HuskeeApp;
7.5.3. ensure customer scans QR Code on cup;
7.5.4. Ensure cafe location is correct for inventory allocation;
7.5.5. accept Cup and Lid to be used in your float;
7.5.6. wash Cup and Lid as per requirements for your nominated Service Model below; and
7.6. As a Venue Partner, in offering the Service as part of Borrow System, you agree to allow Huskee members to borrow cups and lids (“BorrowCups”) in store in accordance to the following:
7.6.1. Sell beverage as per your POS process;
7.6.2. Prior to completion of sale, verify customer membership has been activated through HuskeeApp;
7.6.3. Ensure customer scans QR Code on BorrowCup and venue location recorded;
7.6.4. provide ordered beverage in a Cup and Lid from your float;
7.7. As a Venue Partner, you agree to comply with the following:
7.7.1. check and examine if incoming Cups and Lids are in good working order and are not damaged, chipped, cracked, defaced, modified or otherwise altered; and
7.7.2. exclusively use Cups and Lids with the Service and no other cups; and
7.7.3. allocate space at POS and window space (where available) for Huskee marketing collateral; and
7.7.4. share borrow transaction statistics with Huskee from POS.
7.8. Huskee agrees to:
7.8.1. provide you with an automatic License to use the Cups and Lids in accordance with the terms of this Agreement;
7.8.2. provide systems and onboarding training for staff;
7.8.3. add Venue Partner to Huskee Cafe database;
7.8.4. make Huskee Borrow database available to Huskee members;
7.8.5. provide customer support to Venue Partner; and
7.8.6. As per Huskee Borrow Cup feature:
7.8.6.1. If a customer does not return Cup and Lid after 14 days, the
customer deposit shall be charged as fee to purchase the Cup and
Lid, and be credited against the Venue Partner deposit
8. Full-Service Model
8.1. The Venue Partner agrees to provide the following:
8.1.1. provide an inventory of float of Borrow Cups and Lids (“BorrowCups”) to be available; and
8.1.2. facilitate re-use of BorrowCups; and
8.1.3. Maintain adequate inventory by reordering BorrowCups as needed; and
8.1.4. Receive Borrow Cups and Lids together, and
8.1.5. Ensure Huskee SmartBin or collection points are accessible to provide location for customers to return BorrowCups on site; and
8.1.6. Where BorrowCups are not returned to a Huskee SmartBin, to ensure BorrowCups are properly cleaned, sanitised and stored to the standards set out in, but not limited to, the Australia New Zealand Food Standards
Code and any Local Council requirements, and ready for use by another Member.
8.1.7. Allow Huskee access to collect BorrowCups;
8.1.8. Pay monthly invoice billed as per BorrowCup usage;
Applicable Fees:
$0.20 per use (plus GST) (includes system + washing service)
Use is defined as when being returned to or collected by Huskee
8.2. Huskee agrees to:
8.2.1. Manage inventory replenishment and deliver BorrowCups, Smart Bins and related items directly to venues in service areas (eg. Sydney)
8.2.2. Ensure deliveries of BorrowCups and equipment are made to address provided by Venue
8.2.3. Freight and logistics are included in the service fee
8.3. The Venue Partner agrees to provide the following:
9. Return-to-Venue Model
9.1. The Venue Partner agrees to the following:
9.1.1. provide an inventory of float of Borrow Cups and Lids (“BorrowCups”) to be available; and
9.1.2. facilitate re-use of BorrowCups; and
9.1.3. Manage and maintain adequate inventory by reordering BorrowCups as needed; and
9.1.4. Receive Borrow Cups and Lids together, and
9.1.5. Provide collection point for customers to return BorrowCups on site;
9.1.5.1. Where Venue Partner agrees to rent Smart Bin for collection, you agree to manage inventory and responsibility for collection of BorrowCups from the Smart Bins; and
9.1.6. Ensure BorrowCups are properly cleaned, sanitised and stored to the standards set out in, but not limited to, the Australia New Zealand Food Standards Code and any Local Council requirements, and ready for use
by another Member.
9.1.7. Ensure venue is in compliance with local health and safety standards for reusable foodware;
9.1.8. Ensure all individual uses of BorrowCups are registered through HuskeeApp by Members;
9.1.9. BorrowCup transactions are tracked via the BorrowApp, Pay monthly invoice billed as per BorrowCup usage;
9.1.10. Pay the cost of initial shipping and reorders
Applicable Fees:
$0.10 per use (plus GST) (system fee, excluding freight)
9.2. Huskee agrees to:
9.2.1. Ensure deliveries of BorrowCups and equipment are made to address provided by Venue
9.2.2. Freight and logistics are not included in the system fee
10. Optional Services and Add-ons
8.1. The Venue Partner agrees to provide the following:
10.1. Huskee Smart Bins available at $50 (plus GST) per month rental fee
10.2. Huskee Containers for takeaway food can be integrated into the reuse system
(by request)
(together “the Borrow Service”)
11. Venue Partner Obligations
11.1. As a Venue Partner you will be required to register an account (“Account”) and
will be required to:
11.1.1. provide business name, business address, email address; and
11.1.2. Place a refundable security deposit per Cup and Lid
11.1.3. Rent Borrow Cup and Lids (“Cup and Lid”) (on the basis of a licence) in your float on a monthly basis or as required to ensure that you order a sufficient number of Cups and Lids (on the basis of a licence) to provide
the Borrow Service as per Huskee recommendations which we will provide to you and/or which are outlined on the Platform; and
11.1.4. Conduct monthly inventory stock take to be consistent with HuskeeApp Inventory Management System;
11.1.5. Ensure compliance with local health and safety standards for reusable foodware;
11.1.6. provide bank account details and direct debit authorisation
11.2. You must ensure that any information you provide to us, or we request from you, for your Account, is complete and accurate and you are authorised to provide this information to us.
11.3. You are the Account owner and regardless of any change in any contact details, you will remain responsible for your Account, as set out in these Terms.
11.4. It is your responsibility to keep your Account details confidential. You are responsible for all activity on your Account, and for ensuring that any activities on your Account comply with these Terms. We are not responsible for the management or administration of your Account.
11.5. For information on how your information will be used please refer to our Privacy Policy.
11.6. You understand that by providing Huskee with any information as part of the registration process that you may receive emails, SMS messages, newsletters and marketing from Huskee. If you do not want to receive any further
correspondence you may contact hello@huskee.co and unsubscribe at any time.
11.7. As a Venue Partner, by registering an Account, you agree to allow Huskee to promote you as a provider of the Service to our customers or potential customers.
12. Licence to use
12.1. When you rent the BorrowCups (on a licence basis), you will automatically obtain a licence, for the duration of the Term, to use the BorrowCups for use in the Borrow System (“Licence”). On the date this Agreement is terminated in accordance with clause 14, the Licence will end and BorrowCups will then have to be returned to Huskee within 10 days.
12.2. Huskee retains title to the BorrowCups at all times during this Agreement.
13. Marketing
Venue Partner agrees to advertise the Services to its customers using the marketing
material provided by us. You must obtain our prior written approval if you would like to
create your own marketing material or edit or alter our marketing material.
14. Subscription to Service
14.1. We may update these Terms at any time, for example we may introduce a subscription fee to use the Platform. Where we update these Terms we will notify you via an in-Account notification or via email. If you do not agree with any amendment you may terminate these Terms in accordance with clause 14.
15. Default & Termination
15.1. Either Party may terminate these Terms by giving the other Party written notice. If you no longer want to be a Venue Partner, please notify us.
15.2. These Terms will terminate immediately upon written notice by a Party (“Non-Defaulting Party”) if the other Party (“Defaulting Party”) breaches a material term of these Terms and that breach has not been remedied within 5 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party.
15.3. Upon termination of these Terms:
15.3.1. the Venue Partner agrees to return all property, including confidential information and intellectual property, that belong to us (or our distributors) in your possession including but not limited to BorrowCups, merchandise packs and POS stands;
15.3.2. The Venue Partner agrees to pay any outstanding balances within 7 days.
15.3.3. The license to use the BorrowCups is terminated and all inventory as recorded in HuskeeApp Inventory Management System shall be returned in 7 days at cost of Venue Partner; and
15.3.4. the Venue Partner will be removed from Huskee’s database and location map.
15.4. Any continued participation or use of the Huskee System or Services constitutes acceptance of Terms.
16. Intellectual Property
16.1. Huskee gives Venue Partner a non-transferable, non-exclusive, revocable licence to use the Platform in accordance with these Terms as well as any marketing material provided by Huskee to Venue Partner (“IP Licence”). The IP licence is limited to Venue Partners country of operation. This IP licence will be revoked when these Terms are terminated.
16.2. HuskeeApp, the System and Huskee Services and its original content, features and functionality are and will remain the exclusive property of Huskee.
16.3. HuskeeApp, the System and Huskee Services are protected by copyright, trademark, and other laws of Australia.
16.4. Developments and Improvements to System
16.4.1. From time to time, Huskee will continue to develop and improve the System and will notify Venue Partner of changes.
16.4.2. All future IP, changes to system belong to Huskee.
16.5. Nothing in these Terms constitutes a transfer of any intellectual property rights from Huskee to you.
16.6. Unless otherwise agreed to by us, you must not, without our prior written consent: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property. For the avoidance of doubt, this clause does not limit you from promoting our Platform in your social media feeds
17. Borrow Cup and Lid Warranty (“Warranty”)
17.1. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us; and to a refund of the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
17.2. We provide this Warranty to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (“Consumer Law Rights”).
17.3. If the provision of the Cups and Lids prove Defective on delivery, you must provide notice within 7 days of receiving delivery. Approved returns will be processed with replacement items sent or account credit applied. Huskee/Venue will pay for delivery costs;
17.3.1. To make a claim under this Warranty you must notify us by email at support@borrowbyhuskee.co as soon as you become aware that the BorrowCups are Defective (being where the Cup and Lid have a Defect), email us a description and photographs of the claimed Defect, and provide any other information reasonably required by us to assess your claim.
17.3.2. Huskee reserves the right to reject return claims that do not meet the above criteria;
17.4. This Warranty does not cover any Defect which is caused (or partly caused) or contributed to, by any:
17.4.1. act or omission, accident or negligence by you; and
17.4.2. failure on your part to follow any guidelines (including cleaning guidelines) provided by us or the manufacturer in relation to the Cups and or Lids.
18. Australian Consumer Law
18.1. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and
remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified.
18.2. If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
18.3. This clause will survive the termination or expiry of these Terms
19. Risk
Risk in the Cups and Lids will pass to you when a customer provides you with a Cup and
Lid. You agree that once you have been provided with a Cup and Lid you will be solely
responsible for the Cup and Lid until it is provided to another customer. Once it is
provided to the customer, risk in the Cup and Lid will pass back to the customer who you
provide the Cup and Lid to.
20. Notice regarding Apple
20.1. To the extent that you are using or accessing our App on an iOS device, 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 the App and any content available on the App.
20.2. Apple has no obligation to furnish you with any maintenance and support services with respect to our App.
20.3. 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.
20.4. 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.
20.5. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our App infringes that third party’s intellectual property rights.
20.6. You agree to comply with any applicable third-party terms when using our mobile application.
20.7. Apple and Apple’s 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.
20.8. 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.
21. Limitations on Liability
21.1. Despite anything to the contrary and to the maximum extent permitted by law: (a) we will not be liable for any lost Cup and Lid or damaged or Defects in Cup and Lid that are caused or contributed to by you; (b) we will not be liable for any misuse, damage, hygiene or health issues arising from improper use or washing outside of Huskee-managed facilities; (c) we will not be liable for any indirect or special loss, incidental loss, consequential loss, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data whether under statute, contract, equity, tort (including negligence); and (d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited $10 in respect of the supply of the relevant Huskee Services to which the Liability relates.
21.2. In these Terms, “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 a party to these Terms or otherwise.
22. Third Party Inputs
22.1. You agree that the provision of the Platform may be contingent on, or impacted by, third parties or any goods and services provided by third parties, including third parties that provide us with IT services, end users, merchants, suppliers, or other subcontractors which the provision of the Platform may be contingent on, or impacted by (“Third Party Inputs”). Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
22.2. To the extent that any Third Party Inputs are required by us in order to be able to provide the Platform to you: (1) we agree to, where applicable, obtain and maintain the required licences for access and use of any Third-Party Inputs (at no additional cost to you); and (2) you agree to: (i) where these are notified to you, adhere to the terms and conditions of any such Third-Party Input licences; and (ii) comply with our reasonable instructions and directions and the directions of the third-party provider.
22.3. You agree that the benefit of the Third Party Input’s interface, or interoperation with, the Platform, is subject to your compliance with this clause.
23. Governing Law
Your use of our Platform and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
24. Disputes
In the event of any dispute arising from, or in connection with, these Terms (“Dispute”), the party claiming there is a Dispute must give written notice to the other Party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the
notice, the Dispute may be referred by either Party (by notice in writing to the other Party) to litigation. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdictin. This clause will survive the termination or expiry of these Terms.
25. Severance
The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
For any questions and notices, please contact us at:
Huskee Pty Ltd ABN 44 617 862 763
Email: support@borrowbyhuskee.co
Last update: 19th May 2025