Terms & Conditions

TERMS & CONDITIONS

Please read the following terms. By downloading the Insomnia Treats App to your mobile phone device, using or accessing it, in any way, and/or by joining the Insomnia Treats programme via the App or otherwise, you hereby agree to be bound by these terms. If you do not agree with these terms or to any part thereof, you may not use the app or join the Insomnia Treats Programme. By agreeing to these terms, you also agree to the use of: (a) Electronic means to complete and consent to these Terms and to be provided with any notices given pursuant to these terms; and (b) Electronic records to store information related to these terms and your use of the Insomnia Treats App.

Loyalty - We Value Yours!

These terms and conditions apply to your access to, and participation in the Insomnia Treats Loyalty Programme (“Insomnia Treats”) which is operated by Insomnia Limited of 1st Floor, Cunningham House, Francis Street, Dublin 8 and or its affiliated companies (“Insomnia”) (the “Terms and Conditions”).

Applying for an Insomnia Treats Account

For an Insomnia Treats account (“Insomnia Treats Account”), you will be required to:

Register your details at https://insomnia.comosense.com/
Download the Insomnia Treats application for iPhone or Android (the “Insomnia Treats App”) and register with your personal details to create an Insomnia Treats account.

In store, Treats members can be identified in the following ways:

Phone App: Customers scan their ID Code (QR Code) at the till
Phone number: Customers can give their phone number to team member.
Loyalty Card/fob 1
Loyalty Card/fob 2
Loyalty Card/fob 3

About the Insomnia Treats App

The Insomnia Treats App lets you engage with Insomnia through various features and content that the company selected to incorporate in the Insomnia Treats App, such as informative material, customer membership gifts, Customer Loyalty Features, social feed, unique events, sales or promotions etc.

License

Subject to these Terms, we hereby grant you a limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable license to download, install and use the Insomnia Treats App on a single device (whether mobile device or other) owned or controlled by you, solely for your private and personal and non-commercial use.

You may not use the Insomnia Treats App if you are younger than the legal age of majority in your local jurisdiction. In no event should anyone under the age of 16 years old use this App. Please note that the Insomnia Treats App is not directed to children under the age of 16.

Acceptable use of the App

You acknowledge and agree that you are solely responsible for all acts or omissions associated with your access and use of the Insomnia Treats App and the access and use of the Insomnia Treats App by anyone on your behalf. When using the Insomnia Treats App, you shall refrain from willfully, or negligently –

Modifying, copying, making available publicly, making derivative works of, disassembling, de-compiling or reverse engineering the Insomnia Treats App;
Breaching these Terms or any other applicable guidelines related to the Insomnia Treats App;
Interfering with, damaging or impairing the functionality of the Insomnia Treats App or any third party’s use of the Insomnia Treats App;
Circumventing or manipulating the operation or functionality of the Insomnia Treats App or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Insomnia Treats App;
Breaching the security of the Insomnia Treats App or identifying any security vulnerabilities in it;
Using or attempting to use robots, crawlers and similar applications or methods to collect, scrape or compile content from the Insomnia Treats App;
Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising.

The use of the Insomnia Treats App features requires you to open an account and provide login details (username, password or equivalent). You hereby represent that you will keep your login details in confidentiality and not share them with or transfer them to any third party. Insomnia will not be liable for any unauthorized access to your account or misuse of any benefits associated with your account, where these result from your failure to keep your login details confidential. You agree to notify Insomnia immediately in regard of any unauthorized access or use of your account. Insomnia will not be liable for any loss or damage arising from unauthorized access to or usage of your account or from your failure to comply with the above requirements. You agree that the information you provide on your account will be true, accurate, current and complete.

You may not access or use the Insomnia Treats App in order to develop or create a similar or competitive product or service.

We may temporarily or permanently prohibit you from using the Insomnia Treats App and take measures to keep you off the Insomnia Treats App, if we determine that you have abused your rights to use the Insomnia Treats App, breached these Terms, or performed any act which is harmful or likely to be harmful to Insomnia or any other third party.

Customer Loyalty Features

The Insomnia Treats App include, without limitation, the following features:

CREDIT

Collecting Insomnia Treats Credit

You will collect 2 pence for every £1 you spend on qualifying purchases.
Scan your Insomnia Treats App QR Code/loyalty card at the time of purchase to immediately receive credit to your Insomnia Treats Account.
Insomnia Treats Credit will convert to a cash balance on your account, which you can use against future Insomnia Treats purchases.
You will receive an extra 30 pence Credit when you order any barista made drink and present any Reusable Cup for use in lieu of a sit in cup or takeaway cup.
- Credit will not be awarded where a free gift is being redeemed eg 10^th Free Coffee, Birthday Treat, Seasonal drinks.
- Credit will not be awarded where a complimentary coffee voucher is presented in store.

Spending Insomnia Credit

Credit can be spent on in-store Insomnia products.
Insomnia will not redeem Insomnia Credit for cash and is non-transferable.
Insomnia reserves the right to ask for identification such as a driving license or other photo identification when redeeming Insomnia Credit.
Insomnia reserves the right to substitute or remove products and services available for Insomnia Credit collection and redemption without notice.
Spending Insomnia Credit may be subject to IT network availability.

Checking the Balance

You can view and track your Insomnia Treats Credit and free Insomnia Beverages:

In-Store - When you use your Insomnia Treats Card or Insomnia Treats App at a participating Insomnia outlet. your barista will be able to advise you on your balance.
Online - You may log in https://insomnia.comosense.com... using your Insomnia Treats username and password to view your credit balance.
Mobile devices – You can check your credit balance using the Insomnia Treats App.

GIFTS AND COUPONS

This loyalty feature is offered to you on the App by Insomnia as a gift/coupon which carries a coupon code (e.g. a number or a barcode, including QR). To use the gift/coupon, the coupon code needs to be keyed, scanned and/or read at checkout/payment page or by the cashier in the Insomnia store only. Only one gift/coupon may be used for each transaction. Each gift/coupon can be used only within the valid dates thereon. Expired gifts/coupons will not be accepted. Coupons may be subject to certain limitations and/or preconditions as indicated thereon. Fraudulent or counterfeit gifts/coupons will not be accepted. Gift/coupons cannot be exchanged for cash or gift cards. Insomnia reserves the right to honour, limit the use of or revoke any gift/coupon. Insomnia may decide in its sole discretion not to honour gifts/coupons which it does not recognise, are not present in the CLM Solution database/lists or have allegedly already been used. Gifts/coupons not honoured shall be deemed invalid. Gift/coupons applied at Insomnia are non-refundable. The services of third parties may be used to issue and/or distribute gifts/coupon(s). Such third parties will not be responsible for the content of the gifts/coupon(s), their terms, usage or validity.
For every 9 Insomnia beverages, including hot and iced beverages but excluding pre-packaged drinks available in-store (“Insomnia Beverage”) that you purchase as part of Insomnia Treats (excluding any purchases made as part of any other Insomnia promotional deals) you will receive an Insomnia Beverage of your choice at participating Insomnia outlets.
The free Insomnia Beverage will be automatically loaded onto your account and can be redeemed on any visit; The free Insomnia beverage shall be redeemable for a period of 365 days thereafter.
You are required to present your Insomnia Treats Card, the Insomnia Treats App or Gift Code at participating Insomnia outlets in order to receive your free Insomnia Beverage or any other Gifts.
Gifts such as seasonal and special offers are awarded to active Treats customers who have made transactions within the last 6 months. Gifts are valid in participating stores only and only valid within the time period specified.
Free Welcome Coffee - you will receive a free small Insomnia beverage once you have made your first purchase with your Treats account, to be redeemed within 30 days (Excludes ICECAPS, milkshakes, ice cream and seasonal beverages).
Free Birthday Treat – All customers who included their date of birth in their profile and have made a purchase in the previous 12 months, will receive a free small Insomnia beverage to be redeemed within one month of their birthday. (Excludes ICECAPS, milkshakes, ice cream and seasonal beverages).
You may receive personalised offers / coupons depending on your purchases.
There can only be one gift redeemed per transaction.
Multiple Drinks with a gift: One only gift can be used per the transaction i.e. only one coffee will be free. Customer can do two separate transactions to use two gifts.

PUNCH CARD

This loyalty feature allows you to collect virtual cups on the punch card on the app. When you’ve collected 9 cups you will be eligible to get a free coffee. A “cup” is the purchase of an Insomnia Beverage.
An "Insomnia Beverage" is any hot or iced beverage, excluding pre-packaged drinks and excludes any purchases made as part of any other Insomnia promotional deals or in store discounts.
The Insomnia Treats App is connected with the POS instore and your App punch card should be automatically punched.
Customers can track their cups (punches) progress to earn their 10th coffee free. Our system automatically adds a punch to the card every time a drink purchase is made.

GENERAL TREATS OFFERS

Insomnia may, upon its sole discretion, determine that certain benefits shall apply to registered club members, or to certain groups of members. In order to receive Benefit(s) you may have to actively identify yourself to the Business as a registered member and may have to provide with identification details (such as: name or phone number). If you do not actively identify yourself to Insomnia, you may not receive the Benefit you are entitled to.
Treats members receive a 50% discount on alternative milks i.e Oat and Coconut Drink. You must be a Treats member to receive this discount during the checkout process.

Customer Loyalty Features Expiration / Termination; Disclaimer

Subject to any applicable law, each of the above Customer Loyalty Features on your App will automatically expire upon any of the following events: (a) use of the specific feature’s credit/budget or redemption of a benefit; (b) upon the specific feature or benefit expiration date which is indicated on the specific feature or the benefit; (c) if you remove the App from your mobile device; (d) if Insomnia has decided to cancel a specific feature and/or benefit for any reason; (e) Insomnia terminated its developer account and/or its App in the App Store and/or its agreement with us for any reason. Notwithstanding the foregoing, you may redeem certain benefits and/or continue to use your gift card, pre-paid punch card and/or credit/budget and/or any other available loyalty feature offered to you by Insomnia (if not expired or redeemed by you) by engaging with Insomnia directly.
Insomnia may, at any time and without notice: (a) suspend or cancel any customer loyalty features and/or benefits in the event of violation of these terms or any part thereof by you; or (b) terminate any customer loyalty feature in its entirely. In addition, Insomnia may decrease the number of credits you earned for various reasons such as if you returned a purchased item to Insomnia or otherwise if any you earned them not in accordance with these terms. Any dispute arising from such decrease will be settled between you and Insomnia. Insomnia shall have no liability in regard of any dispute arises from the number of credits earned by you, the amount of EUR on your gift card or credit or any benefit or item not provided to you by Insomnia.
In any event, no refunds, recharged or cashed out will be available to you for unused credit, coupons, virtual EUR on your gift card or any benefit un-redeemed for any reason.
If a purchased item is returned by you Insomnia’s premises, then Insomnia may: (a) charge you for the same amount of points earned by you when purchasing such item; (b) cancel your entitlement to a benefit; or (c) cancel your last punch; coupon, discount etc.

Changes, Modifications to or Cancellation of Insomnia Treats

Insomnia reserves the right to amend, modify, cancel or withdraw Insomnia Treats and/or these Terms and Conditions and/or any individual Insomnia Treats Account and/ or any instructions pertaining to the Insomnia Treats at any time and at in its sole discretion.
Any amendments to Terms and Conditions will be effective immediately upon publishing the revisions on http://www.insomnia.ie an... you waive any right you may have to receive specific notice of such amendments.
In continuing to participate in Insomnia Treats you confirm your acceptance of such amendments; therefore, you should review these terms and conditions in detail frequently to ensure that you fully understand the terms and conditions of Insomnia Treats.
If you do not agree to the amended terms, please stop participating in Insomnia Treats.
Insomnia can take any action it considers appropriate, including removing or suspending an Insomnia Treats Account and/or Insomnia Credit accrued, if Insomnia has reason to believe that you have violated these Terms and Conditions or that the use of your Insomnia Treats Account is unauthorised or otherwise unlawful or in violation of these Terms and Conditions.
Insomnia Credit shall only be redeemable for 12 months from the date it was awarded.
If you have not made any purchases during a period of 12 months, your balance may expire and your Insomnia Treats Account may be cancelled. You may re-join the Insomnia Treats at any time.
At your request, Insomnia will cancel your Insomnia Treats Account. To cancel your Treats account please fill in the Treats contact form here.

Term, Termination & Survival

Insomnia, may at any time, at their sole discretion, terminate or suspend the operation of the App, its services, features, or any part thereof, temporarily or permanently. Efforts will be made to publish a termination or suspension notice reasonable time beforehand. You agree and acknowledge that Insomnia do not assume any responsibility with respect to, or in connection with the termination or suspension of the App’s operations, services or features.

You may terminate these Terms at any time, by uninstalling the App from all devices in your possession or control. We may terminate these Terms and your license to use the App, at any time by issuing you notice of such termination or in any other manner contemplated by these Terms. Upon termination by Insomnia, you must discontinue any use of the App and uninstall the App from all devices in your possession or control.
Upon termination of the App’s operation or any service or feature provided by the App, any benefits or rights to benefits which you have earned during the usage of the App may expire immediately, subject to the sole discretion Insomnia, without giving rise to any liability of Insomnia. Removal of the Mobile App does not automatically unsubscribe you from the Business’s customer membership club.

Data Protection

As part of your access to and participation in Insomnia Treats we process certain personal information about you. Please review Insomnia’s Privacy Policy for full details of how and why we use your personal information.

Miscellaneous Provisions

The Insomnia Treats Card, the Insomnia Treats App and the Insomnia Treats Account remain the property of Insomnia and must be surrendered if so requested.
Insomnia Treats is only available in participating Insomnia outlets see https://www.insomniacoffee.co.uk/find-your-insomnia for the full list
If you have lost your Insomnia Treats Card, and would like a new one please contact treats@insomniacoffee.co.uk
Insomnia reserves the right to refuse to issue an Insomnia Treats Card and to reject any Insomnia Treats Card or the use of the Insomnia Treats App if it deems that it has been forged or tampered with. Photocopies of the Insomnia Treats Card will not be acceptable.
Insomnia’s decision in the exercise or interpretation of any of its rights or discretions in connection with these Terms and Conditions shall be final and binding. Insomnia may waive or modify any requirement under the Terms and Conditions where a person might otherwise not qualify for the offer and without implying any obligation to relax that requirement in any other case.
All instructions, terms and conditions on any advertising or promotional materials relating to Insomnia Treats form part of these Terms and Conditions although, in the event of conflict, these provisions shall prevail over all such other instructions, terms and conditions.

SMS Text Messages and E-mails

Your electronic agreement to receive SMS text messages and/or Commercial e-mails; E-Sign Disclosure (Receipt of Messages):

You hereby agree to receive from or on behalf of Insomnia future commercial SMS messages delivered via our vendors’ ‘automated telephone dialling system’ to your mobile phone and/or commercial e-mails delivered via our or our vendors’ platform to your e-mail box, as provided by you voluntarily upon your registration to Insomnia’s Treats programme (via the App or otherwise). Your consent to receive SMS text messages and/or commercial e-mails from Insomnia is not in any way required as a condition of purchasing any items, goods or services from Insomnia.
By agreeing to receive commercial SMS messages and/or commercial e-mails from Insomnia, you also consent to the use of an electronic record to document your agreement. If you wish to receive a copy of this disclosure kindly send an email to our support team at treats@insomnia.ie and one will be provided to you.
You further agree, that if you have already provided your consent to receive commercial SMS text messages and/or commercial e-mails from or on behalf of Insomnia from our or our vendors’ platform via any written or non-electronic form, then such consent will also apply to these Terms. The SMS messages and/or commercial e-mails will include informative and/or promotional content, solely as determined by Insomnia, and will be sent only to users who expressly agreed to receive such messages from the business via our platform. For clarity, the nature, scope and frequency of the SMS text messages and/or commercial e-mails will be determined solely by Insomnia. SMS text message and data rates may apply depending on your plan with your wireless or other applicable provider.
If you wish to revoke your consent to receive any future SMS text messages and/or commercial e-mails from or on behalf of Insomnia via our platform, you may do so, at any time, electronically, by clicking on the “unsubscribe” link at the end of each SMS text message and/or commercial e-mail you receive from or on behalf of the Business, or follow other instruction for unsubscribe, as stipulated in the message or email sent to you, and you will be automatically removed from the SMS and/or e-mailing lists on our platform. You may also send Insomnia a writing request to treats@insomnia.ie and request to be removed from the SMS and/or e-mailing lists on our platform. In case Insomnia re-includes you in the SMS or e-mail list, it should obtain your prior consent.
Removal or deletion of the Mobile App neither revokes your consent to receive any future SMS text messages and/or commercial e-mails from or on behalf of Insomnia via our platform nor does it automatically unsubscribe you from the Insomnia’s Treats programme.

Changes in the App

You grant Insomnia your express consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the App, which, among others, may:
Automatically and without additional notice, restore settings and preferences that had originally been set by a previous version of the App, but were then subsequently modified by another application; or
Change the App’s layout, design or display.
We may also, at any time and without prior notice, change the scope or availability of the App’s related content or services, add or remove features and change the functionality and/or name of features.
Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT INSOMNIA DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

App Availability

The availability and functionality of the App depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault free. INSOMNIA DOES NOT WARRANT THAT THE APP WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.