PunchPass Terms and Conditions
Welcome to PunchPass! We provide a platform where local businesses
(Businesses) can offer loyalty programs, promotions and discounts,
and customers (End Users) can access these offers from their
favourite businesses (Platform).
In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent
(such as your employer, where applicable). When we say
we, us, or our,
we mean PunchPass Pty Ltd (ACN 684 195 757).
These Terms form our contract with you, and set out our obligations
as a service provider and your obligations as a user. You cannot use
our Services unless you agree to these Terms. The obligations in
these Terms apply equally to Businesses and End Users, unless we
state otherwise.
Some capitalised words in these Terms have defined meanings, and
each time that word is used in these Terms it has the same meaning.
You can find a list of the defined words and their meaning at the
end of these Terms.
For questions about these Terms, or to get in touch with us, please
email
support@punchpass.app.
These Terms were last updated on 13/06/2025.
Our Disclosures
Please read these Terms carefully before you accept. We draw your
attention to:
-
our privacy policy (on our website) which sets out how we will
handle your personal information;
-
clause 1.5 (Variations) which sets out how we may amend these
Terms;
-
clause 5 (Subscription) which sets out important information
about your Subscription, including whether you can cancel your
Subscription and whether your Subscription auto-renews; and
-
clause 12 (Liability) which sets out exclusions and limitations
to our liability under these Terms.
We may receive a benefit (which may include a referral fee or a
commission) should you visit certain third party websites through a
link on our Platform, or for featuring certain goods or services on
our Platform.
These Terms do not intend to limit your rights and remedies at law,
including any of your Consumer Law Rights.
1. Platform Licence and Term
These Terms apply from when you sign up for an Account, until the
date on which your Account is terminated in accordance with these
Terms. We grant you a right to use our Services for this period of
time only.
You must be at least 16 years old to use our Platform.
1.1 Platform Licence
While you have an Account, we grant you a right to use our Platform
(which may be suspended or revoked in accordance with these Terms).
This right cannot be passed on or transferred to any other person
and, if you have a Subscription, will also be subject to the
conditions of your Subscription (as set out on our Platform or in
your Account).
You must not:
-
access or use our Platform in any way that is improper or
breaches any laws, infringes any person's rights (for example,
intellectual property rights and privacy rights), or gives rise
to any civil or criminal liability;
-
interfere with or interrupt the supply of our Platform, or any
other person’s access to or use of our Platform;
-
introduce any viruses or other malicious software code into our
Platform;
-
attempt to reverse engineer, decompile, or otherwise try to
extract the source code of the Platform;
-
attempt to access any data or log into any server or account
that you are not expressly authorised to access;
-
share the credentials or log-in details of your Account with
unregistered users or allow multiple businesses to operate under
a single Business Account;
- use our Platform to send unsolicited electronic messages;
-
use data mining, robots, scraping or other data gathering and
extraction tools on our Platform;
-
access or use our Platform to transmit, publish or communicate
material that is defamatory, offensive, abusive, indecent,
menacing, harassing or unwanted;
-
use the Platform to offer or promote any Loyalty Programs or
Promotions which are discriminatory in nature;
- for Businesses: attempt to circumvent the Platform’s
template system for creating Loyalty Programs or Promotions; or
- for End Users: attempt to manipulate or fraudulently
alter Loyalty Program data or misuse Promotions.
1.2 Variations
We may amend these Terms at any time by providing written notice to
you. By clicking
"I accept" or continuing to use our Platform after the
notice or 30 days after notification (whichever date is earlier), you
agree to the amended Terms.
If you do not agree to the amendment, you may close your Account and
cancel your Subscription with effect from the date of the change in
these Terms by providing written notice to us.
If you cancel your Subscription:
-
you will no longer be able to access our Services (including our
Platform) on and from the date of cancellation; and
-
if you have paid Subscription Fees upfront, you will be issued a
pro-rata refund based on the portion of the Subscription Period
remaining.
2. Platform Summary
Our Platform is a place where Businesses and End Users can find each
other, and Businesses can advertise, promote and otherwise offer
Loyalty Programs or Promotions to End Users (Offers). We only
provide our Services (including our Platform) and are not a party to
any transaction between Businesses and End Users in relation to an
Offer (see the "Our Services" section below for more information
about the services we provide to you).
Businesses wanting to publish Offers on our Platform must create an
Account. Businesses must provide an accurate and complete
description of the Offer they wish to provide (Offer Listing),
including any terms, conditions, or limitations applicable to the
Offer.
For Promotions, this may include time limits or usage restrictions.
For Loyalty Programs, this may include the structure of the program
and the specific rewards available.
End Users must create an Account to access our Platform and view
Offer Listings. Once an Account is created, End Users can browse
Offer Listings, join Loyalty Programs, and redeem Promotions as made
available by Businesses through our Platform.
Businesses must include all additional terms and conditions relating
to their Offer in the relevant Offer Listing. By participating in a
Loyalty Program or Promotion, End Users accept the additional terms
and conditions in the Offer Listing.
We do not endorse or approve, and are not responsible for, any
Offers not provided by us. We may, at any time (at our sole
discretion), remove any Offers, including where an Offer:
- is illegal, discriminatory, or offensive; or
- contains graphic, inappropriate or unlawful content.
2.1 For Businesses Only
By posting an Offer Listing, you confirm that you are legally
entitled to and capable of providing the Offer described in the
Offer Listing.
You must have appropriate insurance to cover the Offers that you
make through our Platform.
We may request that you provide us with evidence of your
insurance cover. Where we do so, we are not confirming that the
insurance you have is sufficient or suitable for the Offers you
make. If we do not ask you to provide evidence of insurance,
this does not indicate that we believe you do not require
insurance.
You acknowledge and agree that it is your responsibility to make
your own investigations and receive professional advice on the
insurance you require.
You grant us a non-exclusive, irrevocable, royalty-free,
sublicensable and transferable licence for the duration that
your Offer is available on our Platform, to host your Offers on
our Platform for the purpose of making your Offers available to
End Users.
3. Our Services
We provide the following services to you:
- access to our Platform; and
-
access to our troubleshooting support (Support Services),
(collectively, our Services).
If you require Support Services, you may request these by
getting in touch with us through our Platform.
Unless we agree otherwise, Support Services cannot be used to
support any other products or services, and does not include
training, installation of software or hardware, software
development or the modification, deletion or recovery of data or
any on-site services.
We will not be responsible for any other services unless
expressly set out in these Terms or on our Platform.
3.1 Additional Services
If you require additional services, we may, in our sole
discretion, provide such additional services (to be scoped and
priced in a separate contract provided by us).
3.2 Beta Services
If we provide you with access to any new or beta services, you
acknowledge that because of the developmental nature of such
services, you use them at your own risk and we have no
obligation to maintain or provide error corrections.
Any new or beta services we provide you with access to are for
evaluation purposes only and not for production use, and we may
discontinue those services at any time at our sole discretion.
4. Account
Accounts for Businesses and End Users are different, and you
must choose the correct Account based on how you want to use our
Platform. Businesses who also want to participate or receive
Offers must create a separate Account for that purpose, and vice
versa.
You may have the option to register for an Account using your
Apple, Google or Facebook account (Single Sign-On Account). If
this option is available and you choose to sign in to your
Account using a Single Sign-On Account, you authorise us to
access information from your Single Sign-On Account including
your name and contact information.
While you have an Account with us, you agree to:
-
keep your information up-to-date (and ensure it remains
true, accurate and complete);
-
keep usernames and passwords secure and confidential, and
protect them from misuse or being stolen; and
-
notify us if you become aware of, or have reason to suspect,
any unauthorised access to your Account or any logins linked
to your Account.
4.1 Business Verification – For Businesses Only
Before you can have an Account, we may require you to complete a
business verification process (Business Verification). We may
conduct this process ourselves or through a third party.
You agree to co-operate with us in carrying out the Business
Verification, including by providing us with any information
(including, where applicable, any Personal Information)
necessary to complete this process (such as your Business’ name,
proof of address, owner’s name and proof of identity, email
address, phone number, and logo or other identifying images).
Where we have engaged a third party to carry out the Business
Verification, you consent to us disclosing your information (or
Personal Information) to that third party for this purpose.
5. Platform Subscriptions – Applicable to Businesses Only
Once you have created your Account, you must choose a
Subscription.
The Subscriptions we offer will be set out on our Platform,
including details of each Subscription’s features and
limitations, Subscription Fees and Subscription Periods.
During the Subscription Period, you will be billed for the
Subscription Fees on a recurring basis, as set out on our
Platform (Billing Cycle).
Your Subscription can be upgraded or downgraded at any time
through your Account.
Any upgrades to your Subscription will take effect immediately
(and you will be charged the difference between your current
Subscription and your new Subscription on a pro-rata basis).
Any downgrades to your Subscription will take effect from the
beginning of the next Billing Cycle.
You will be billed for any Subscription Fees due at the
beginning of each Billing Cycle.
Our payment methods will be set out on our Platform.
If you choose to pay your Subscription Fees using one of our
third-party payment processors, you may need to accept their
terms and conditions (if this is the case, these will be set out
on our Platform).
You must not pay, or attempt to pay, any Subscription Fees by
fraudulent or unlawful means.
If you make payment by debit or credit card, you must be the
authorised card holder.
If payment is made by direct debit, by providing your bank
account details and accepting these Terms, you authorise our
nominated third-party payment processor to debit your bank
account in accordance with your chosen Subscription, and you
confirm that you are either the holder or an authorised
signatory of that bank account.
5.1 Cancellation
Your Subscription continues for the Subscription Period, and at
the end of each Subscription Period, provided you have paid all
Subscription Fees owing, your Subscription will be automatically
renewed for recurring monthly periods (each of which will be
considered a Subscription Period).
If you wish to cancel your Subscription, you may do so through
your Account.
Your cancellation will take effect at the end of your current
Subscription Period, and your Subscription will not be renewed
(meaning you will need to continue paying all Subscription Fees
due up until your current Subscription Period ends).
5.2 Trial Periods
When you first use our Platform, we may offer you the option to
try a Subscription out for free for 30 days (Free Trial).
At the end of the Free Trial, you will begin to be charged the
Subscription Fees for your chosen Subscription.
6. Payments
You must pay all amounts due under these Terms in accordance
with these Terms or as set out on our Platform (as applicable).
You must not pay, or attempt to pay, any Subscription Fees due
under these Terms or as a result of your use of our Services by
fraudulent or unlawful means.
If you make payment by debit or credit card, you must be the
authorised card holder.
If payment is made by direct debit, by providing your bank
account details and accepting these Terms, you authorise our
nominated third-party payment processor to debit your bank
account, and you confirm that you are either the holder or an
authorised signatory of that bank account.
We may pre-authorise or charge your payment method for a nominal
amount to verify the payment method.
6.1 Late Payments
If any Subscription Fees due to us under these Terms or as a
result of your use of our Services are not paid on time, we may:
-
suspend your access to our Services (including access to our
Platform); and
-
charge interest on any overdue payments at a rate equal to
the Reserve Bank of Australia’s cash rate, from
time-to-time, plus 2% per annum, calculated daily and
compounding monthly.
6.2 Taxes
You are responsible for paying any levies or taxes associated
with your use of our Services, for example sales taxes,
value-added taxes or withholding taxes (unless we are required
by law to collect these on your behalf).
7. Reviews – Applicable to End Users Only
You may review your experience with Businesses on our Platform
(Review). We may remove Businesses from our Platform (in our
sole discretion) who receive a high number of negative Reviews.
You agree to provide true, fair and accurate information in your
Review.
If we consider that your Review is untrue, unfair, inaccurate,
offensive or inappropriate, we may delete the Review or ban you
from posting further Reviews.
We do not undertake to review each Review. To the maximum extent
permitted by law, we are not responsible for the content of any
Review.
You may only write a Review about your own experience. You must
not write a Review about another person’s experience.
If you have been offered an incentive (such as a gift, reward,
discount or payment) for leaving a Review, you should include
information about this in your Review.
You must not disclose any Personal Information in your Review.
8. Availability, Disruption and Downtime
While we strive to always make our Services available to you, we
do not make any promises that these will be available 100% of
the time. Our Services may be disrupted during certain periods,
including, for example, as a result of scheduled or emergency
maintenance.
Our Services (including our Platform) may interact with, or be
reliant on, products or services provided by third parties, such
as cloud hosting service providers. To the maximum extent
permitted by law, we are not liable for disruptions or downtime
caused or contributed to by these third parties.
We will try to provide you with reasonable notice, where
possible, of any disruptions to your access to our Services.
9. Confidential Information and Personal Information
While using our Services, you may share confidential information
with us, and you may become aware of confidential information
about us. You agree not to use our confidential information, and
to take reasonable steps to protect our confidential information
from being disclosed without our permission, and we agree to do
the same for your confidential information.
This also means making sure that any employees, contractors,
professional advisors or agents of ours or yours only have
access to confidential information on a need-to-know basis (in other words, the disclosure is absolutely necessary), and that
they also agree to not misuse or disclose such confidential information.
However, either you or we may share confidential information
with legal or regulatory authorities if required by law to do
so.
We collect, hold, disclose and use any Personal Information you
provide to us in accordance with our privacy policy, available
on our website, and applicable privacy laws.
You must only disclose Personal Information to us if you have
the right to do so (such as having the individual’s express
consent).
Businesses and End Users must not disclose Personal Information
about each other to third parties unless authorised by these
Terms or by law.
We may need to disclose Personal Information to third parties,
such as our related companies or our service providers (for
example, IT and administrative service providers and our
professional advisors). As part of our Services, we will also
need to disclose information about End Users to Businesses, and
vice versa, so that they can connect and transact.
Where we are required by law to report on our activities, you
acknowledge that from time to time we may request certain
information from you in order to meet our requirements, and you
agree to provide us with such information within the timeframes
reasonably requested by us.
10. Consumer Law Rights
In some jurisdictions, you may have guarantees, rights or other
remedies provided by law (Consumer Law Rights), and these Terms
do not restrict your Consumer Law Rights.
We will only be bound by your Consumer Law Rights and the
express wording of these Terms.
Our liability for a breach of your Consumer Law Rights is,
unless the laws of your jurisdiction state otherwise, limited to
either resupplying our Services, or paying the cost of having
our Services resupplied.
Subject to your Consumer Law Rights, we do not provide a refund
for any Subscription Fees for a change of mind or change in
circumstance.
If you accept these Terms in Australia, nothing in these Terms
should be interpreted to exclude, restrict or modify the
application of, or any rights or remedies you may have under,
any part of the Australian Consumer Law (as set out in Schedule
2 of the Competition and Consumer Act 2010 (Cth)).
End Users may have Consumer Law Rights in respect of Offers made
by Businesses.
Cancellations and Modifications of Promotions and Loyalty
Programs – Applicable to Businesses Only
The cancellation, modification, or fulfilment of Offers is
strictly a matter between you and End Users. The terms and
conditions of an Offer Listing must clearly set out whether and
how Offers can be cancelled or modified.
You agree to honour any Offers you list on the Platform in good
faith and in accordance with the terms set out in the Offer
Listings.
If you fail to honour Offers as described in the Offer Listings,
and an End User has made an effort to communicate with you about
unfulfilled Offers, the End User may report this to us.
We may, at our discretion, investigate such reports and take
appropriate action, which may include issuing you with a warning
and suspending your Account.
11. Intellectual Property and Data
We own all intellectual property rights in our Services
(including our Platform). This includes how our Platform looks
and functions, as well as our copyrighted works, trademarks,
inventions, designs and other intellectual property.
You agree not to copy or otherwise misuse our intellectual
property without our written permission (for example, to reverse
engineer or discover the source code of our intellectual
property), and you must not alter or remove any confidentiality,
copyright or other ownership notice placed on our Platform.
We may use any feedback or suggestions that you give us in any
manner which we see fit (for example, to develop new features),
and no benefit will be owed to you as a result of any use by us
of your feedback or suggestions.
11.1 Your Data
We do not own any of Your Data, but when you enter or upload any
of Your Data into our Platform, you grant us the right to
access, analyse, backup, copy, store, transmit, and otherwise
use Your Data while you have an Account with us (and for a
reasonable period of time afterwards).
We may use Your Data (or disclose it to third party service
providers) to:
-
supply our Services to you (for example, to enable you to
access and use our Services), and otherwise perform our
obligations under these Terms;
- diagnose problems with our Services;
- improve, develop and protect our Services;
-
send you information we think may be of interest to you
based on your marketing preferences;
-
perform analytics for the purpose of remedying bugs or
issues with our Platform; or
-
perform our obligations under these Terms (as reasonably
required).
You acknowledge and agree that because of the nature of the
internet, the processing and transmission of Your Data by us may
occur over various networks, and may be transferred unencrypted.
You are responsible for (meaning we are not liable for):
-
the integrity of Your Data on your systems, networks or any
device controlled by you; and
- backing up Your Data.
When you use our Services, we may create anonymised statistical
data from Your Data and usage of our Services (for example,
through aggregation).
Once anonymised, we own that data and may use it for our own
purposes, such as to provide and improve our Services, to
develop new services or product offerings, to identify business
trends, and for other uses we communicate to you.
This may include making such anonymised data publicly available,
provided it is not compiled using a sample size small enough to
make underlying portions of Your Data identifiable.
If you do not provide Your Data to us, it may impact your
ability to receive our Services.
12. Liability
To the maximum extent permitted by law, we will not be liable
for, and you release us from liability for, any Liability caused
or contributed to by, arising from or in connection with:
-
any aspect of the interactions between Businesses and End
Users, including in relation to any Offers and Offer
Listings;
-
your computing environment (for example, your hardware,
software, information technology and telecommunications
services and systems); or
-
any use of our Services by a person or entity other than
you.
Regardless of whatever else is stated in these Terms, to the
maximum extent permitted by law:
-
neither we nor you are liable for any Consequential Loss;
-
a party’s liability for any Liability under these Terms will
be reduced proportionately to the extent the relevant
Liability was caused or contributed to by the actions (or
inactions) of the other party, including any failure by the
other party to mitigate its loss;
-
(where our Services are not ordinarily acquired for
personal, domestic or household use or consumption) in
respect of any failure by us to comply with relevant
Consumer Law Rights, our Liability is limited (at our
discretion) to supplying the Services again or paying the
cost of having the Services supplied again; and
-
our aggregate liability to you for any Liability arising
from or in connection with these Terms will be limited to
the amount of any Subscription Fees paid by you to us in
respect of the supply of the relevant Services to which the
Liability relates, or if you do not have a Subscription, to
AU$1,000.
13. Notice Regarding Apple
To the extent that you are using or accessing our Platform on an
iOS device through a mobile application from the Apple App
Store, 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
our Platform and any content available on our Platform.
Apple has no obligation to furnish you with any maintenance and
support services with respect to our Platform.
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.
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:
- product liability claims;
-
any claim that our mobile application fails to conform to
any applicable legal or regulatory requirement; and
-
claims arising under consumer protection or similar
legislation.
Apple is not responsible for the investigation, defence,
settlement and discharge of any third-party claim that our
mobile application infringes that third party’s intellectual
property rights.
You agree to comply with any applicable third-party terms when
using our mobile application.
Apple and Apple 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.
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.
14. Suspension and Termination
We may suspend your access to our Services where we reasonably
believe there has been any unauthorised access to or use of our
Services (such as the unauthorised sharing of login details for
our Platform).
If we suspend your access to our Services, we will let you know
within a reasonable time of doing so, and we will work with you
to resolve the matter, or if it cannot be resolved, then we may
terminate your Account and your access to our Services will end.
We may terminate these Terms (meaning you will lose access to
our Services, including access to your Account, and any
Subscription will be cancelled) if:
-
you fail to pay your Subscription Fees when they are due;
-
you breach these Terms and do not remedy that breach within
14 days of us notifying you of that breach;
-
you breach these Terms and that breach cannot be remedied;
or
-
you experience an insolvency event (including but not
limited to bankruptcy, receivership, voluntary
administration, liquidation, or entering into creditors’
schemes of arrangement).
You may terminate these Terms if:
-
we breach these Terms and do not remedy that breach within
14 days of you notifying us of that breach; or
-
we breach these Terms and that breach cannot be remedied,
and
-
if you have paid Subscription Fees upfront, you will be
issued a pro-rata refund of any unused Subscription Fees
based on the portion of the then-current Subscription Period
remaining.
You may also terminate these Terms at any time by notifying us
through your Account or to our email for notices (as set out in
clause 15.9), and if you have a Subscription, termination will
take effect at the end of your current Subscription Period.
Upon termination of these Terms:
-
we will retain Your Data (including copies) as required by
law or regulatory requirements;
-
for Businesses, their existing Offer Listings will be
removed and any purchased Offers not yet provided will be
cancelled (and End Users will be refunded accordingly); and
-
for End Users, their purchased Offers not yet provided will
be honoured unless it is a requirement of the relevant Offer
that End Users are active users of our Platform (in which
case a refund will be at the discretion of Businesses or the
terms of the relevant Offer Listing (if any)).
Termination of these Terms will not affect any other rights or
liabilities that we or you may have.
15. General
15.1 Assignment
You may not transfer or assign these Terms (including any
benefits or obligations you have under these Terms) to any third
party without our prior written consent.
We may assign or transfer these Terms to a third party, or
transfer any debt owed by you to us to a debt collector or other
third party.
15.2 Disputes between Businesses and End Users
We encourage Businesses and End Users to attempt to resolve
disputes (including claims for refunds or remedies) directly and
in good faith, either through our Platform or through external
communication methods.
In the event that a dispute cannot be resolved through these
means, Businesses and End Users may choose to resolve the
dispute through other means, such as mediation.
We are not responsible for mediating or resolving disputes
between Businesses and End Users.
15.3 Disputes with PunchPass
Neither we nor you may commence court proceedings relating to
any dispute, controversy or claim arising from, or in connection
with, these Terms (including any question regarding its
existence, validity or termination) (Dispute) unless we and you
first meet (in good faith) to resolve the Dispute.
Nothing in this clause will operate to prevent us or you from
seeking urgent injunctive or equitable relief from a court of
appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
-
where you are resident or incorporated in Australia, refer
the matter to mediation, administered by the Australian
Disputes Centre in accordance with Australian Disputes
Centre Guidelines for Commercial Mediation; or
-
where you are not resident or incorporated in Australia,
refer the matter to arbitration administered by the
Australian Centre for International Commercial Arbitration,
with such arbitration to be conducted in Brisbane,
Queensland, before one arbitrator, in English and in
accordance with the ACICA Arbitration Rules.
15.4 Events Outside Our Control
We will not be liable for any delay or failure to perform our
obligations (including our Services), if such delay or failure
is caused or contributed to by an event or circumstance beyond
our reasonable control.
15.5 Governing Law
These Terms are governed by the laws of Queensland, and any
matter relating to these Terms is to be determined exclusively
by the courts in Queensland and any courts entitled to hear
appeals from those courts.
15.6 Illegal Requests
We reserve the right to refuse any request for or in relation to
our Services that we deem inappropriate, unethical,
unreasonable, illegal or otherwise non-compliant with these
Terms.
15.7 Marketing
You agree that we may send you electronic communications about
our products and services. You may opt out at any time by using
the unsubscribe function in our electronic communications.
15.8 Nature of Legal Relationship
These Terms do not create, and should not be interpreted so as
to create, a partnership, joint venture, employment or agency
relationship between us and you.
15.9 Notices
Any notice you send to us must be sent to the email set out at
the beginning of these Terms. Any notice we send to you will be
sent to the email address registered against your Account.
15.10 Publicity
If you are a Business, you agree that we may advertise or
publicise the fact you are a customer of ours, for example on
our website or in our promotional material, and you grant us a
right to display and use your logo and branding solely for that
purpose.
15.11 Survival
Clauses 9 to 15 will survive the termination or expiry of these
Terms.
15.12 Third Party Sites
Our Platform may contain links to websites operated by third
parties. Unless we tell you otherwise, we do not control,
endorse or approve, and are not responsible for the content on
those websites.
We recommend that you make your own investigations in relation
to the suitability of those websites.
If you purchase goods or services from a third-party website
linked from our Platform, those goods or services are being
provided by that third party, not us.
We may receive a benefit (which may include a referral fee or a
commission) should you visit certain third-party websites
through a link on our Platform, or for featuring certain goods
or services on our Platform.
We will make it clear by notice to you which (if any) goods or
services, or website links, we receive a benefit from by
featuring them on our Platform.
16. Definitions
In these Terms:
- Account
-
Means an account accessible to the individual or entity who
signed up to our Services.
- Consequential Loss
-
Includes any consequential loss, special or indirect loss,
real or anticipated loss of profit, loss of benefit, loss of
revenue, loss of business, loss of goodwill, loss of
opportunity, loss of savings, loss of reputation, loss of
use and/or loss or corruption of data, whether under
statute, contract, equity, tort (including negligence),
indemnity or otherwise. However, your obligation to pay us
any amounts for access to or use of our Services (including
our Platform) will not constitute "Consequential Loss".
- 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 us or you or otherwise.
- Loyalty Programs
-
Means ongoing reward schemes offered by Businesses to End
Users through our Platform, designed to encourage repeat
patronage. These may include point accumulation systems,
tiered memberships, or frequency-based rewards.
- Offer
- Has the meaning given in clause 2.1.
- Offer Listing
- Has the meaning given in clause 2.2.
- Offer Price
- Has the meaning given in clause 2.2.
- Personal Information
-
Means any information or opinion about an identified
individual, or an individual who is reasonably identifiable,
whether the information or opinion is true or not, and
whether the information or opinion is recorded in a tangible
form or not.
- Platform
-
Means our cloud-based platform that we provide you with
access to as part of the Services.
- Promotions
-
Means the time-sensitive discounts, deals, or special offers
that Businesses advertise and make available to End Users
through the Rewards Centre on our Platform. These may
include percentage discounts, buy-one-get-one-free offers,
or fixed-price deals.
- Rewards Centre
-
Means the dedicated section within our Platform where End
Users can access, view, and manage Offers from Businesses
they follow or are interested in. The Rewards Centre may
include, but is not limited to, a list of available
Promotions, details of active Loyalty Programs, and any
other vouchers or rewards accumulated by the End User.
- Services
-
Means the services we provide to you, as detailed in clause
3.1.
- Subscription
-
Means the Subscription plan you have chosen through our
Platform, which you use to access certain features and
benefits.
- Subscription Fees
-
Means the fees you pay to us to access your chosen
Subscription.
- Subscription Period
-
Means the duration of your Subscription (such as monthly,
annually, or as otherwise set out on our Platform).
- Your Data
-
Means the information, materials, logos, documents,
qualifications and other intellectual property or data
supplied by you when receiving our Services or stored by or
generated by your use of our Services, including any
Personal Information collected, used, disclosed, stored or
otherwise handled in connection with our Services.
-
Your Data does not include any data or information that is
generated as a result of your usage of our Services that is
a back-end or internal output or an output otherwise
generally not available to users of our Services.
