The terms and conditions set out below (“Terms of Service”) apply to your use of the Redeem website located www.redeemrewards.com.au and the Redeem mobile Apps (“Redeem”).

 

Redeem is a local area marketing platform that drives marketing for local businesses through our proprietary software to deliver promotions including but not limited to coupons, rewards and membership programs for, on behalf of, or involving participating third party businesses (“Merchants”).

 

By accessing/or using the Redeem platform, you consent to these Terms of Service. If you disagree with any of the items that form the Terms of Service you must not use the Redeem Platform.

 

Your use of the Redeem Platform includes the ability to create Coupon and or Reward Offers electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay the monthly fee as per the Redeem agreement.

 

In order to access Redeem and retain your electronic records, you will be provided with an online control panel and you may at your option download our Redeem Merchant App which is your sole responsibility.

 

We may change the Terms of Service from time to time. The revised Terms of Service will take immediate effect from the time of posting, and your continued use of the Redeem loyalty program constitutes your acceptance of any such changes. If the revised Terms of Service are unacceptable to you, you must cease using the Redeem Loyalty reward program.

 

Acceptable use of the Redeem Platform and its features

Access and use of the Redeem Coupon Loyalty Reward Platform is intended solely for your own personal and commercial use.

 

Your use of the Redeem Platform is at your own risk and is also subject to our terms and conditions by offering products and or services of your business via the Redeem Platform.

 

In using the Redeem platform you must not:

 

  1. violate any applicable laws;
  2. impersonate any person;
  3. post any material or content that:
    1. infringes the intellectual property rights of any third party;
    2. you do not have the right to post;
    3. is unlawful, harmful, threatening, abusive, misleading, invasive of another’s privacy, harassing, defamatory, obscene or otherwise objectionable to any other person or entity; or
    4. contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters or any unsolicited mass distribution of email;
  4. distribute viruses, malware, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
  5. collect or store personal data about other users of the Redeem Platform;
  6. engage in any other conduct that inhibits any other person from using or enjoying the Redeem Platform.
  7. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Redeem Platform.

 

Content

All content that is posted on the Redeem Platform is distributed publicly online once published and by uploading content onto the Redeem Platform you acknowledge that this content will be made publicly available.

 

You grant to Redeem a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Redeem the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be capable of giving rise to legal action whether against you or Redeem or a third party (in each case under any applicable law).

 

You warrant that all user content is owned by you when uploaded or posted to the Redeem Platform and that your uploading or posting of the user content and the licensing or provision of that user content to us (including us exercising the rights granted to us) does not and will not infringe the rights of any third party, including the infringement of any third party’s intellectual property rights or rights of confidentiality or privacy.

 

You agree to pay any royalties, fees, or other monies owing to any person as a result of you uploading or posting user content on the Redeem Platform or you licensing or providing that user content to us.

 

Note full well: You must not upload or submit any user content to the Redeem Platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

Redeem May, in its discretion, and without any liability to you or any third party:

 

  1. remove any or all user content;
  2. block a user’s access to the Redeem Platform;
  3. cancel or suspend any user account;
  4. edit or remove any content that it considers illegal, offensive or otherwise inappropriate in any way;
  5. disclose any content and user account details to appropriate government officials, law enforcement authorities or a third party, as Redeem believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Service (including but not limited to Redeem’s right to cooperate with any legal process relating to your use of the Redeem Platform, and/or a third-party claim that your use of the Redeem Platform is unlawful and/or infringes such third party’s rights).

 

Notwithstanding Redeem’s rights under these terms and conditions, Redeem does not undertake to monitor or moderate the submission of content to, or the publication of content on, the Redeem platform.

 

Ownership

All intellectual property rights included in or associated with the Redeem Platform, including but not limited to patents, copyrights, trademarks and service marks, are owned or licensed by us, and all right, title and interest in and to the Redeem Platform and the associated intellectual property is ours.

 

You are not authorised to copy, distribute, re-publish, upload, post, modify, reverse engineer or transmit any intellectual property except as specifically authorised by Redeem in writing. You are not authorised to remove copyright, trademark or other intellectual property or proprietary notice or legend contained on the Redeem Platform.

 

Any Redeem mobile applications which may be made available for you to download is licensed, not sold, to you. You are granted a limited, non-transferable, non-exclusive license to download, install, use and run for personal, non-commercial use one copy of each Redeem mobile application on each mobile device which you own or control, and which is able to run the Redeem mobile application.

 


Termination

We have the right to terminate your use of the Redeem Platform, your user account and any membership privileges, and any license granted in relation to any of the foregoing, at any time for any reason, including, but not limited to, your breach of the Terms of Service.

 

Following any such termination, we shall have no further obligations, responsibilities or liabilities to you.

 

Notwithstanding anything to the contrary contained herein, in the event that Redeem terminates your use rights contained herein, Redeem shall in no way be precluded from pursuing any and all of its rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by your breach of the Terms of Service.

 

Indemnification

You agree to indemnify, defend and hold harmless Redeem and its related bodies corporate, and each of their respective officers, employees, agents, contractors, licensors and suppliers, from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including legal fees on a lawyer-client basis), resulting from your use of the Redeem Platform, or your breach of any provision of the Terms of Service herein.

 

Warranty

The Redeem platform is provided “as is” without any representations or warranties, express or implied.

 

  • Redeem excludes all representations and warranties to the full extent permissible under applicable law. Redeem makes no representations or warranties in relation to the Redeem Platform or the content, information and materials stored within the Redeem Platform.
  • Redeem does not warrant that the Redeem Platform will be constantly available or available at all.
  • Redeem does not warrant that the content on the Redeem Platform is complete, true, accurate, non-misleading, non-infringing, legal or decent. You use the Redeem platform at your risk.

 

You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. Redeem does not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Redeem platform or the servers that operate or host any part of the Redeem platform are free of viruses or other harmful components.

 

Redeem assumes no liability or responsibility for any:

 

  1. errors, mistakes, or inaccuracies of content,
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Redeem Platform,
  3. unauthorized access to or use of Redeem servers and/or all personal information and/or financial information stored therein,
  4. interruption or cessation of transmission to or from the Redeem Platform,
  5. bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Redeem platform, and/or
  6. errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content transmitted, posted, emailed, or otherwise made available via the Redeem Platform.

 

Redeem does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through or in conjunction with the Redeem Platform, and Redeem will not be a party to or in any way be responsible for monitoring any transaction between you and Merchants providing products or services.

 

Limitation of liability

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Redeem and its related entities exclude all conditions and warranties that may be implied by law.

 

To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:

 

  1. the re-supply of services or payment of the cost of re-supply of services; or
  2. the replacement or repair of goods or payment of the cost of replacement or repair.

 

Redeem and its related bodies corporate, and their respective officers, employees, agents, contractors, licensors and suppliers, will not otherwise be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings, reputational damage, or any other similar or analogous loss or damage arising out of or relating to your access to, or use of, or inability to use, the Redeem Platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.

 

Without limiting the above, in no event shall Redeem or its related bodies corporate or their respective officers, employees, agents, contractors, licensors or suppliers, be liable to you for any loss or damage whatsoever resulting from any:

 

  1. errors, mistakes, or inaccuracies of content,
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Redeem Platform,
  3. unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,
  4. interruption or cessation of service or transmission to or from the Redeem Platform,
  5. bugs, viruses, Trojan horses, malware, spyware, or the like, which may be transmitted to, from or through the Redeem Platform,
  6. errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content transmitted, posted, emailed, or otherwise made available via the Redeem Platform, whether based on warranty, contract, tort, or any other legal theory.