SOSURE PTY LTD APP/WEBSITE TERMS AND CONDITIONS
- The following Terms and Conditions of Use (Terms) relate to your rights and obligations when accessing the applications, websites, content, products, and services (together, the Services) made available by us. By downloading, installing and using the Services, you agree to be bound by these Terms. If you do not accept these Terms, you must immediately cease using the Services.
- In these Terms, the expressions:
(a) Account means an online account opened by the User via our Website or Application;
(b) App or Application means the application operated by us;
(c) Merchant means a merchant listed on our Services that accepts payments made via the Services;
(d) Services includeservices provided and controlled by Sosure Pty Ltd, including but not limited to its website services and Application;
(e) User means a person who has signed up to our Services;
(f) User Content includes all information, comments, reviews, ratings and/or other materials and/or content that a User submits, posts and/or otherwise sends via our Services.
(g) We, our, us and similar terms means Sosure Pty Ltd (ACN) and our related entities;
(h) Website means our website or App and/or any other website we may operate from time to time;
(i) You means a User of the Services.
- These Terms constitute the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with the Services.
- The Services we provide constitute an online Website and Application which enables:
(a) Merchants to list and promote their businesses; and
(b) Users of the Services to pay for goods and services directly via our Website and App.
- The Services do not include the provision of a smartphone, computer or other necessary equipment to access the Service. To use the Services, you will need:
(a) a device or computer system that meets the Services’ system and compatibility requirements, which may change from time to time;
(b) working internet access; and
(c) compatible software.
- You are responsible for ensuring that your device meets the system requirements for the Services and we will not be liable for any telephone costs, telecommunications costs or other costs that you may incur in accessing the Services.
- To fully utilise most aspects of the Services you must register for, and maintain, an active account (Account).
- To obtain an Account you must be 18 years of age or older.
- Unless authorised by us, you may only possess one account. Sale, resale, transfer or trading of your Account is prohibited.
- Unless you create an account using a third-party login credential (e.g. Google or Facebook), you must nominate a password for your Account. You should use a combination of numbers, upper and lowercase letters and symbols.
- You must keep your username and password secret and secure at all times in the same way as a cardholder would a banking password or PIN, including by:
a) not sharing it with anyone;
b) not carrying a record of it within the device you use to access the Services or within anything capable of being stolen with your device;
c) not choosing an easily guessable password such as your date of birth or a recognisable part of your name;
d) keeping the device you use to access the Services safe and secure (including by locking it when not in use or when it is unattended and by installing up-to-date antivirus software on it; and
e) removing any stored username or password for the Services before disposing of the device you use to access the Services.
- We assume that any person using the Services with your username and password is either you or is authorised to act for you. You are solely responsible for any activity that occurs on your Account.
- Please contact us immediately if you suspect a security breach in relation to your device or computer system or that an unauthorised person has used your passcode or other credentials to access the Services.
- If we receive a report from you regarding a security breach or unauthorised use, we will suspend your use of the Services to protect you from further loss or liability. We will not be liable for any security breaches or unauthorised transactions conducted using the Services.
- You must provide us with and maintain accurate, complete and current Account information including a valid email address, phone number, as well as at least one valid payment method (either a credit/debit card or one of our payment partners). If you fail to maintain accurate, complete and up-to-date Account information, including by supplying an invalid payment method or not updating a payment method when it expires, your access to the Services may be restricted, suspended or cancelled.
- You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to us, Merchants, or any other party.
- In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you fail or refuse to provide such proof of identity.
- By accessing our Services, you acknowledge and agree:
(a) to comply with all applicable laws and regulations regarding online conduct and acceptable material;
(b) not to attempt, through any means, to gain unauthorised access to any part of the App/Website and/or any service, other account, computer system and/or network connected to any Sosure Pty Ltd server;
(c) Not to deep-link to the App/Website and/or access the App/Website manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the App/Website and/or any materials and/or other content on the App/Website, unless Sosure Pty Ltd has given you specific permission to do so in writing;
(d) not to use the App/Website for illegal purposes, or as prohibited by these terms;
(e) not to use the App/Website to engage in commercial activities apart from sanctioned use of Sosure Pty Ltd services;
(f) not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in print or online;
(g) not to license, sell and/or otherwise provide access to and/or use of the App/Website to any third party, including without limitation to build a competitive product and/or service;
(h) not to upload or transmit viruses or other harmful, disruptive or destructive files; and
(i) not to disrupt, interfere with, or otherwise harm or violate the security of the App/Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the App/Website or affiliated or linked sites (including those of our restaurant partners).
20. You agree that the consequences of commercial use or re-publication of content or information from the App/Website may be so serious that monetary compensation may not be sufficient and that Sosure Pty Ltd will be entitled to temporary and permanent injunctive relief to prohibit such misuse.
PROPER USE OF THE SERVICE
- You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or which is unlawful or prohibited by any laws applicable to the Services, including but not limited to any act which would constitute a breach of privacy, using the Services to defame or libel us, our employees or any other person or for fraudulent purposes.
- You must not:
(a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within or derived from the Services without our prior written approval;
(b) reverse engineer the code contained in the Services or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to the Services any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our security protocols;
(c) create internet links to the Services, or “mirror” the Services on any other server or wireless or internet-based device;
(d) build a product using similar ideas, features, functions or graphics or copy any such materials contained in the Services;
(e) damage, disrupt, interfere with, impair the operation of or misuse the Services, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Services;
(f) launch any automated program or script, including web crawlers, web robots, web indexers, bots, viruses or worms or any program which makes multiple server requests per second or impairs the operation and/or performance of the Services; or
(g) use any device, software or routine intended to damage or interfere with the proper working of the Services or to intercept or sequester any system, data, images or other multimedia elements from the Services.
TRANSACTIONS WITH MERCHANTS
- You acknowledge that the Services we provide comprise solely the technology platform which allows the relevant parties to transact seamlessly. We do not provide the actual goods or services for which you pay using the Services. These goods and services are provided to you directly by the Merchants and the Merchants are solely responsible for complying with all applicable laws in respect of those goods or services.
- To the maximum extent permitted by law (including the Australian Consumer Law), we make no warranty or representation regarding the safety, quantity, quality, availability or fitness for purpose of any goods or services supplied by the Merchants to you using the Services and we are not liable for the act or omissions of any Merchant or other entities.
- If you believe that the goods or services you purchased using the Services breach any express or implied warranty or any law (including the Australian Consumer Law), please advise us in writing and we will consult with the relevant Merchant regarding your concerns.
- The goods or services supplied by the Merchants are subject to availability. It is your responsibility to make relevant inquiries with Merchants directly before making a decision to purchase the goods or services using the Services. Use of the Services does not guarantee that the goods or services you purchase will be available from the relevant Merchant.
- When you use the Services to pay for purchases, we want to make sure that you are paying the correct amount to the correct Merchant or entity and do so seamlessly. To ensure a smooth and accurate transaction, we require:
a) you to provide at least one valid payment method;
b) your device’s location service to be enabled so we can verify that you are at the correct store, paying to the correct Merchant; and
c) push notifications to your device to be enabled so you can receive confirmation of your payment in real time.
- If any of the requirements above are not met, your access to the Services may be restricted, suspended or terminated and you will not be able to use the Services to make a payment.
- We are authorised by Merchants to collect payments from you on their behalf. Payment of the price of the goods and services to us will discharge your obligations to pay such price to the Merchant. All prices specified and payments collected will be inclusive of applicable taxes where required by law.
- Payment for the goods or services purchased by you is final and will not be non-refundable, unless the refund is specifically authorised by the Merchant that supplied you the relevant goods or services. If you believe that you have been overcharged or charged incorrectly you may request us to review the charge. We reserve the right to determine whether or not you are eligible for a refund in consultation with the Merchant.
SOSURE LOYALTY REWARDS PROGRAM
- We may offer one or more loyalty rewards programs (theLoyalty Rewards Programs) under which you may have the opportunity to earn Sosure Points by purchasing goods or services from any Merchant through our Services.
- In order to earn rewards, the User must be able to confirm that they have made a valid and completed point-earning payment.
How to earn Sosure Points
- Credits are earned as a percentage of the money paid using our Services as set out in the Sosure User Agreement and Terms and Conditions.
- For every $1AUD the User spends on the Sosure platform, they will receive a certain percentage of that value as credit. The value of the credit will then be transferred to a digital currency.
- Once the User’s credit has been transferred to a digital currency, it is then exchanged to a certain value of Sosure Points, as changeable from time to time, and credited to the User’s account.
How to spend Sosure Points
- Once the User has received the Sosure Points in their account, they can then use them to pay for additional products and services from Merchants (subject to their availability from time to time), transfer them to other Users, or redeem them for cash.
- All transfers of Sosure Points must be approved by us before the proposed transfer is affected.
- Rewards and credits will expire 12 months from the date of issue unless otherwise stated.
- If you attempt to use Sosure Points to purchase goods or services and we or our Merchants determine that the goods or services are unavailable or for whatever reason cannot be provided to you, we may in our sole and absolute discretion provide you with other goods or services of equal or greater value.
- We reserve the right to verify your identity prior to:
(a) approving a purchase of the goods or services from a relevant Merchant;
(b) approving your request for a transfer of Sosure Points to another User’s Account; or
(c) otherwise providing you with any credits relating to our Services.
- If you fail or refuse to provide proof of your identity for the above purposes, we reserve your right to deny your transaction or transfer request.
- The use of Sosure Points to purchase certain goods or services available from our Merchants may have eligibility requirements. If we believe or suspect that a transaction is in breach of these Terms, we reserve the right to reject or invalidate any proposed transaction, or otherwise invalidate any transaction relating to use of our Services, including any transaction using Sosure Points.
Cancellation of Loyalty Rewards Program
- We may at any time change, suspend or terminate all or a part of the Sosure Rewards Program and may void any Sosure Points earned or accumulated by you without notice.
- We may limit, suspend or terminate your ability to participate in the Loyalty Rewards Program at our sole and absolute discretion, and may void any Sosure Points earned or accumulated by you in a Loyalty Rewards Program if we determine in our sole and absolute discretion that you have not complied with these Terms or any additional terms applicable to your participation in the Loyalty Rewards Program.
- If a User refers another User to Sosure Pty Ltd, the User will receive loyalty rewards subject to this User Agreement. The User warrants that it has obtained consent from the potential User to provide any personal information such as their name, contact number, email address and address to us and that we are indemnified from disclosing such information.
- If a User refers a potential Merchant to Sosure Pty Ltd, the User will receive loyalty rewards subject to agreement between the potential Merchant and us. The User warrants that it has obtained consent from the potential Merchant to provide any personal information such as their name, contact number, email address and address to us and that we are indemnified from disclosing such information.
- Payment for the goods or services purchased by you is final and will be non-refundable, unless the refund is specifically authorised by the Merchant that supplied you the relevant goods or services or as otherwise required by law.
- If you believe that you have been overcharged or charged incorrectly you may request for us to review the charge. We reserve the right to determine whether or not you are eligible for a refund in consultation with the Merchant.
- If refunds are specifically provided for by the Merchant, for example if the Merchant has a Refund Policy, we will hold your awarded credits for an additional 5 (five) business days in excess of the Merchant’s maximum Refund period. For example, if the Merchant’s Refund Policy stipulates that you may return items within 30 days, we will hold the credit owed to you for 30 days and 5 (five) business days.
- We may as part of the normal business operations send an SMS to your device, call you on your phone number, send an email to the email address you have supplied to us or write to you using the postal address you have supplied to us.
- You hereby consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this App/Website or through the other services, such as our “live support” and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Sosure Pty Ltd may provide you with interactive opportunities on the App/Website, including features such as user ratings and reviews, saved favourites, liked items and bookmarked Merchants. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the App/Website ("User Content”).
- You grant Sosure Pty Ltd an irrevocable license to use, copy, display, publish, modify, remove, translate, create derivative works from, distribute and/or otherwise use User Content on the App/Website and in all forms of media now known or hereafter invented (collectively, the "Uses"), without notification to and/or approval by you.
- You further grant Sosure Pty Ltd a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have been a member of the Services, to attribute User Content to you in connection with our Service, if we choose to do so, again without notification to and/or approval by you.
- User Content transmitted to certain parts of the App/Website, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our App/Website, including without limitation in a compilation format, and publicly visible and accessible.
- All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Sosure Pty Ltd or otherwise disclosed, submitted or offered in connection with your use of the App/Website shall be and remain Sosure Pty Ltd’s property.
- As a user of these Services, you acknowledge that you may provide company or personal information regarding yourself, including your tastes and preferences. You hereby authorise Sosure Pty Ltd to use such information in connection with any online or offline offering or any electronic mail offering directed to you. You permit us to share your device, payment, location and account information with your debit card or credit card issuer and network. Where necessary, you permit us to collect transaction, account and other personal information from third parties, including Merchants, affiliated NPOs and your credit or debit card issuer.
- We may create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Merchant’s goods or services (“Promo Codes”), subject to any additional terms that we establish on a case by case basis. For example, where a Promo Code is for new users only, a new user is defined as a person who registers, enters the Promo Code using the Services, and makes their first purchase.
- Promo Codes cannot be redeemed for cash, goods or services directly unless they are added to your Account and are displayed on the Services as “Active”. Unless otherwise specified by us, you may only have one Promo Code active on your Account at any time. If you replace any existing/active Promo Code with a new Promo Code, you will no longer be able to access the benefits of the previous Promo Code.
- Unless otherwise specified, Promo Codes can only be used on one transaction. Any remaining credit from that Promo Code cannot be carried forward to any additional or subsequent purchases.
- To prevent fraudulent activities and other attempts to circumvent the restrictions placed on Promo Codes, we may require certain personal information such as your email address or phone number to be verified and require at least one valid payment method to be added to your Account. If you fail or refuse to comply with these verification requirements, we may cease adding Promo Codes to your Account and delete any existing/active Promo Code on your Account.
- We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we consider that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. If for any reason a Promo Code becomes invalid due to technical failure of the Services or any other cause beyond our control, or any Merchant to which the Promo Code is linked ceases to accept payment using the Services, we reserve the right to cancel, suspend or modify the Promo Code and its associated benefits and/or not re-issue any additional Promo Codes to affected customers.
- From time to time, our Merchants may run promotional campaigns through the Services. If we facilitate such promotional campaigns, then your participation will be subject to the Merchants’ own terms and conditions that apply to their promotions in addition to these Terms. In the event of any inconsistency between these Terms and the terms of promotional campaigns conducted by Merchants, the Merchant’s terms will prevail to the extent of any inconsistency. You should always check the terms of such promotional campaigns before deciding to take up a promotion. Our Merchants may refuse to honour any promotion if you have not complied with the terms of the relevant promotion.
WARRANTIES AND DISCLAIMER
- In Australia, our Services come with guarantees that cannot be excluded under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).
- Nothing in these Terms excludes, restricts or modifies or purports to exclude, restrict or the conditions, warranties and undertakings arising under the Australian Consumer Law.
- The Services are provided to you strictly on an “as is” and “as available” basis. You acknowledge that:
(a) your use of the Services is at your own risk and is also subject to the terms and conditions of our Merchants and affiliated entities offering products or services that you access via the Services;
(b) prior to accepting these Terms you have been given a reasonable opportunity to examine and satisfy yourself regarding the Services which are the subject of these Terms; and
(c) at no time prior to accepting these Terms have you relied on our skill or judgment and that it would be unreasonable for you to do so.
- To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:
(a) that your access to the Services will be free from interruptions, errors or viruses;
(b) the accuracy, adequacy or completeness of information on the Services (nor do we undertake to keep the Services updated).
- To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Terms:
(a) your sole remedy will be for us to provide the features or service that was previously provided; and
(b) our maximum liability to you is limited to the purchase price of the goods or services you purchased in your last transaction using the Services.
LIMITATION OF LIABILITY
- To the maximum extent permitted by law, we do not accept responsibility for any loss or damage (including indirect, special or consequential loss or damage), however caused and whether or not foreseeable (whether in contract, tort, for breach of statutory duty or otherwise), even if we have previously been advised of the possibility of such loss or damage which you may directly or indirectly suffer in connection with:
(a) your use of the Services or any linked website (including interference with or damage to your computer system or mobile devices arising in connection with any such use);
(b) the Services being interrupted or unavailable;
(c) errors or omissions from the Services;
(d) viruses, malicious codes or other forms of interference emanating from the Services or from any Merchant website or other website to which the Services are linked;
(e) your use of or reliance on information contained on or accessed through the Services, which may be incorrect, incomplete, inadequate or outdated;
(f) goods or services supplied pursuant to or in any way connected with the Services;
(g) unauthorised access to or use of our servers and/or any information stored on them; or
(h) any failure or omission on our part to comply with our obligations as set out in these Terms.
- We do not accept responsibility for any inaccuracies or errors in any information about, or advertisements in respect of, goods and services displayed on the Services which are supplied by our Merchants or affiliated entities. The placement of such advertisements does not constitute a recommendation or endorsement by us of the relevant goods or services and the Merchant or entity (as the case may be) is solely responsible for any representations made in connection with the information in respect of it and its goods and services displayed using the Services.
- Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the App/Website are copyrights, are owned, controlled or licensed by Sosure Pty Ltd.
- Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in the jurisdiction in which you are located, and except as expressly authorised by these Terms or in writing by us, you may not in any form or by any means:
(a) copy adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Services; or
(b) commercialise any information, products or services obtained from any part of the Services.
- All rights not expressly granted under these Terms are expressly reserved.
- All other trademarks, service marks, product names and company names or logos appearing on the App/Website are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.
- The materials on the App/Website, and the App/Website as a whole, are intended solely for personal, non-commercial use by you. You may download or copy the downloadable materials displayed on the App/Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the App/Website, the App/Website as a whole, or any related software without the prior written permission of Sosure Pty Ltd.
SECURITY OF INFORMATION
- No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
LINKS IN THE SERVICES
- The Services may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be updated by us.
- We are not responsible for the content or privacy policies or practices of persons or companies associated with Linked Websites. We will not be liable to you or any other person for any loss or cost arising in respect of use or access to Linked Websites. When you access any Linked Websites you do so entirely at your own risk.
- Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
- While we endeavour to ensure the Services are available twenty four (24) hours a day, we are not under any obligation to do so, and will not be liable to you if the Services are unavailable at any time or for any period. Your access to the Services may also be occasionally restricted or suspended temporarily at any time and without notice to you to allow for repairs, maintenance or the introduction of new facilities or services.
- We may terminate your Account in our sole and absolute discretion without notice to you, including if:
(a) we suspect you have breached these Terms or any applicable law;
(b) we believe that there has been a security breach or unauthorised use of your Account;
(c) we reasonably suspect you have committed fraud;
(d) if required by applicable laws (such as anti-money laundering and counter terrorism financing laws, or sanctions laws);
(e) if directed to do so by your credit card or debit card provider (for example, in circumstances of suspected fraud);
(f) we determine that your conduct impacts on our name or reputation or violates our rights or those of another party; or
(g) you do not use the Services for an extended period of time.
- You may also cancel your Account by notifying us but once terminated or cancelled, your Account cannot be reactivated and we reserve the right to deny you access to the Services.
- Following cancellation or termination of your Account, you will forfeit all entitlements and benefits associated with your Account including any credits remaining in your Account and we will have no further obligations or liabilities to you. All of your user content will remain even after your Account has been terminated or cancelled and may be dealt with by us as we think fit. Any exclusions of liability or other provisions contained in these Terms which expressly or by their nature survive termination of these Terms will survive any such termination.
55. In the event of a dispute arising in respect of any aspect of these Terms and Conditions, the parties agree to refer the matter to mediation as provided below and only upon failure to settle the dispute through mediation will the parties initiate legal proceedings.
56. The mediation procedure is as follows:
(a) a party may commence mediation by serving a mediation notice on the other party;
(b) the notice must state that a dispute has arisen and identify the nature of the dispute;
(c) the parties must jointly request appointment of a mediator. If the parties fail to agree on the appointment within seven (7) days of service of the mediation notice, either party may apply to the President of the Law Institute of Victoria or the nominee of the President to appoint a mediator;
(d) once the mediator has accepted the appointment the parties must comply with the mediator’s instructions;
(e) if the dispute is not resolved within thirty (30) days of the appointment of the mediator, or any other period agreed by the parties in writing, the mediation ceases.
(f) The mediator may fix charges for the mediation which charges must be borne equally by the parties.
- If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof will to that extent be severed and deemed not to form part of these Terms but the legality, validity and enforceability of all other provisions of these Terms will not be affected.
- The Services are created and controlled by Sosure Pty Ltd in the State of Victoria in Australia. These Terms are governed by the laws in force in the State of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of that State in respect of any dispute arising from these Terms.