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User’s Terms & Conditions

In these Terms:
1.1     App means the Loyalty App mobile device application.
1.2     Business Day means a day on which banking institutions generally are open in Perth, Western Australia during Business Hours but excluding Saturdays, Sundays and public holidays.
1.3     Claim means any claim, liability, action, demand, loss, damage, cost, charge or expense of any kind whatever, including without limitation legal costs on a solicitor client basis.
1.4     e-Gift Cards means the face value vouchers referred to in these Terms, where the stated face value is equal to the specified number of reward points.
1.5     GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.6     Loyalty App Platform means the platform managed by us that you may access using the App and the Website and by which you may earn, purchase, transfer and redeem e-Gift Cards in transactions with us, Merchants or other Users.
1.7     Merchant means an owner or operator of a business that has agreed with us to offer e-Gift Cards to you for goods and/or services through transactions in-store or online using the Loyalty App Platform.
1.8     Party means us or you and Parties means us and you together.
1.9     Percentage Value means the percentage value of the price at the date of the transaction for the good or service purchased by you from a Merchant, which may vary but which will not be less than 1%.
1.10     Personal Information has the meaning given in section 6 of the Privacy Act 1988.
1.11     Reward points means points that can be earned, claimed or redeemed through the Loyalty App Platform, in the form of an e-Gift Card, by you when goods and/or services are acquired from Merchants, or which can be applied in payment (in whole or in part) for goods and/or services from Merchants, shared between Users and purchased from us, in the form of an e-Gift Card.
1.12     Related Bodies Corporate and Related Entity have the meaning given in section 9 of the Corporations Act 2001.
1.13     Retail Premises means a retail premises from which a Merchant operates its business that you can attend from time to time to acquire goods and/or services offered for sale by that Merchant.
1.14     Terms means these terms and conditions as amended from time to time.
1.15     User means you or any person who has established an account with us for the use of the App and the Loyalty App Platform.
1.16     User Content means all content that is generated, posted or shared by you on the Loyalty App Platform including, but not limited to, reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, videos, sound recording, musical works and any other content or material.
1.17     We, our or us means Loyalty App Pty Ltd.
1.18     Website means www.loyaltyapp.com.au.
1.19     You or your means you.
2.1     The Loyalty App Platform enables Merchants to offer and promote e-Gift Cards to you, promote and sell their goods and/or services to you using e-Gift Cards and interact with you.  You can also purchase e-Gift Cards.
2.2     e-Gift Cards can be used by you for purchases from any participating Merchant.
2.3     Merchants are the sellers of the goods and/or services.  They are solely responsible to you for the care, quality and delivery of any goods, services or benefits that you are entitled to.
2.4     You will be liable for all of your obligations, including an obligation to pay, arising from entering into any agreement with a Merchant and from any electronic transactions using or in relation to the Loyalty App Platform.
2.5     By purchasing goods and/or services from a Merchant or entering into a transaction with a Merchant, you agree to that Merchant’s terms and conditions, which may change from time to time, and that those terms and conditions are separate from and additional to the conditions that apply under these Terms.  We encourage you to review those terms and conditions carefully.
3.1     This document records the Terms which govern your use of the Loyalty App Platform.
3.2     By using the Loyalty App Platform, including by accessing our Website and using the App, you agree to be bound by these Terms and our Privacy Policy, which can be found on our Website.
3.3     We may change and add to clauses 1 to 14 of these Terms at any time and without notice to you.  You should review the Terms as they appear on the Website from time to time (Terms & Conditions of Use – Users).  If you continue to use the Loyalty App Platform after a change is made to the Terms, you are deemed to have accepted the Terms as amended.
3.4     By using the Loyalty App Platform and accepting these Terms:
(a)     we grant you a personal, limited, revocable, non-exclusive and non-transferable license to download, install, access, view and use the Loyalty App Platform, App and the Website, and its content, solely for your own personal, non-commercial purposes and only for those purposes; and
(b)     you agree not to reproduce, distribute, create derivative works from, display publically, license, sell or re-sell any content, software, goods and/or services obtained from or through the Loyalty App Platform without our prior, written express permission.