The terms and conditions set out below (“Terms of Service”) apply to your use of the Rewardle website located at www.rewardle.com, the Rewardle mobile applications and the Postcoder website located at www.postcoder.com.au (“Postcoder”) (all of which form the “Rewardle Platform”). The Rewardle Platform facilitates marketing and promotions including but not limited to membership, points and reward programs for, on behalf of, or involving participating third party businesses (“Merchants” or “Channel Partners”) that provide products and services to registered members of the Rewardle Platform. Channel Partners may include suppliers, franchisors or landlords of one or more Merchants, with whom you may not have any direct interaction.
Your access and/or use of the Rewardle Platform (including but not limited to any access, use of and/or subscription for updates from, Postcoder) constitutes your 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 Rewardle Platform.
Your use of the Rewardle Platform includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into through, using or in relation to, the Rewardle Platform, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are 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 Rewardle Platform constitutes your acceptance of any such changes. If the revised Terms of Service are unacceptable to you, you must cease using the Rewardle Platform.
By signing up for updates from Postcoder, you will automatically become a member of the Rewardle Platform.
Additional terms and conditions may apply to specific areas or features of the Rewardle Platform, and you hereby agree to abide by such additional terms and conditions.
You will access the Rewardle Platform as a visitor or as a registered member of Rewardle. You may be required to register with Rewardle in order to access or make use of certain features of the Rewardle platform. Where you are required to register:
If you chose to cancel your account or if your account is otherwise terminated by us, all of your user content may remain on the Rewardle Platform even after your account has been cancelled. You are not authorised to sell or transfer any account obtained through Rewardle.
Rewardle may assign or otherwise transfer any or all of its rights arising out of these Terms of Service without having to obtain your consent and will notify you of any such assignment or transfer.
Access and use of the Rewardle Platform is intended solely for your own personal and non-commercial use. Your use of the Rewardle Platform is at your own risk, and is also subject to the terms and conditions of the Merchants or Channel Partners offering the products and services you are accessing via the Rewardle Platform.
In using the Rewardle Platform you must not:
You may not use any device, software or routine intended to damage or interfere with the proper working of the Rewardle Platform, or to surreptitiously intercept or sequester any system, data, images or other multimedia elements or personal information from the Rewardle Platform, and you may not take any action which imposes any unreasonable or disproportionately large load on our infrastructure.
All content that is posted on the Rewardle Platform may be made publicly available online. As such, by uploading content onto the Rewardle Platform you acknowledge that all of this content may be made publicly available. You grant to Rewardle a worldwide, perpetual 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 Rewardle 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 Rewardle 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 Rewardle 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 Rewardle Platform or you licensing or providing that user content to us.
You must not upload or submit any user content to the Rewardle Platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Rewardle may, in its discretion, and without any liability to you or any third party:
Notwithstanding Rewardle’s rights under these terms and conditions, Rewardle does not undertake to monitor or moderate the submission of content to, or the publication of content on, the Rewardle platform.
The Rewardle Platform is not intended for children under the age of 18. By using the Rewardle Platform and agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
If you become aware that a user is under the age of 18 and has supplied Rewardle with false information in order to create an account please notify us at [email protected] and we will begin the process of investigating the claim. If the user is found to be under the age of 18 their account may be terminated along with any user content.
The Rewardle Platform may contain links or portals to third party websites not under our control or operation. Any such links are provided only as a convenience and do not imply our endorsement or responsibility for the contents of any such linked site. Use of any such third-party content provided via the Rewardle Platform may also be conditional upon agreement to such third party’s terms and conditions. The Rewardle Platform simply facilitates for your interaction with such third parties, and Rewardle is not responsible for any issues and/or disputes between you and such third parties.
You acknowledge and agree that Rewardle is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party web sites or content. Rewardle and its related bodies corporate and their respective officers, employees, agents, contractors, licensors and suppliers do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, web sites or content, or for any other materials, products, or services of third parties.
All intellectual property rights included in or associated with the Rewardle 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 Rewardle 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 Rewardle in writing. You are not authorised to remove copyright, trademark or other intellectual property or proprietary notice or legend contained on the Rewardle Platform.
Any Rewardle 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 licence to download, install, use and run for personal, non-commercial use one copy of each Rewardle mobile application on each mobile device which you own or control, and which is able to run the Rewardle mobile application.
We have the right to terminate your use of the Rewardle Platform, your user account and any membership privileges, and any licence 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 Rewardle terminates your use rights contained herein, Rewardle 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.
You agree to indemnify, defend and hold harmless Rewardle 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 Rewardle Platform, or your breach of any provision of the Terms of Service herein.
The Rewardle platform is provided “as is” without any representations or warranties, express or implied. Rewardle excludes all representations and warranties to the full extent permissible under applicable law. Rewardle makes no representations or warranties in relation to the Rewardle Platform or the content, information and materials stored within or published by the Rewardle Platform. Rewardle does not warrant that the Rewardle Platform will be constantly available or available at all. Rewardle does not warrant that the content on the Rewardle Platform is complete, true, accurate, non-misleading, non-infringing, legal or decent. You use the Rewardle 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. Rewardle does not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Rewardle platform or the servers that operate or host any part of the Rewardle Platform are free of viruses or other harmful components.
Rewardle assumes no liability or responsibility for any:
Rewardle does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through or in conjunction with the Rewardle Platform, and Rewardle will not be a party to or in any way be responsible for monitoring any transaction between you and Merchants providing products or services.
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, Rewardle 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:
Rewardle 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 Rewardle 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 Rewardle 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:
You agree to provide accurate and complete information when you register with, and as you use, the Rewardle Platform (unless you do so as a visitor) and you agree to update such information to keep it accurate and complete. You agree that Rewardle may store and use any information you provide for use in maintaining and administering your user account.
Any products or services you purchase in connection with the Rewardle Platform are not purchased from Rewardle, rather they are purchased from the Merchant. Rewardle's role is as a marketing or sales agent or media platform for the Merchant, who is promoting their business through the Rewardle Platform. You acknowledge that the Merchant is the seller of the products and services and is solely responsible for the provision of any goods, services or benefits which you believe you are entitled to.
These Terms of Service are governed by the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia. These Terms of Service constitute the entire agreement between Rewardle and you in relation to the use of the Rewardle Platform and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Rewardle Platform.
Your use of the Rewardle Platform is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use, including sending you electronic notices. The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions. If any part of these Terms of Service are held to be unenforceable, the unenforceable section is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
If you have any questions regarding the terms and conditions you can contact us using [email protected] and we will endeavour to promptly respond. You can alternatively contact Rewardle in writing using the following address:
Rewardle Pty Ltd
Level 4, 10-16 Queen St
MELBOURNE VICTORIA 3000