Last Updated: September 30, 2014

 

INTO USER TERMS AND CONDITIONS OF USE

Welcome to www.getintoapp.com (the Website) and the INTO Mobile Application (Application). The following Terms of Use Agreement (Terms) as set out below will apply to all services, including the use of the online and/or mobile services, Website, Application and software provided on or in connection with the service Applications and the Website, provided by Into App Pty Ltd (INTO). Such services will hereinafter be referred to as the services (the Services). In these Terms, “we” “us” and “our” refers to INTO.

By accessing or using the Services, you signify that you have read, understood, and agree to be bound by the Terms and to the collection and use of your information as set forth in the INTO Privacy Policy which can be found on www.getintoapp.com whether or not you are a registered user of our Services.  INTO may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Website and/or in the Application. Your subsequent or continued use of the Services will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Services.

These Terms apply to users of the INTO Service (“Users”).

Eligibility
The Services may only be used by Users aged eighteen (18) years or older. If the User is thirteen (13) years or older but under the age of eighteen (18) years, User should review these Terms with User’s parent or guardian to make sure the User and User’s parent or guardian understand them. The Service is not available to any Users previously removed from the Service by INTO.

In order to access the Services a User must hold a unique code (Access Code). A User is prohibited from allowing any third party to use this code or gain access to the Services.

User Account
A User must register a User Account using the Website or Application (your “User Account”). Your User Account will facilitate your use of the Services including but not limited to your ability to access offers for goods and/or services as and when they are made available to you by third parties (Merchants) through the Services (Offer).

In order to complete registration of your User Account you must provide certain information as set out on our Registration page.  When creating your User Account, you must provide accurate and complete information and you undertake to update your registration details from time to time when they change.


Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.


Your User Account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion.


By connecting your User Account with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

On registration of your User Account you will be provided with a password and username. You are solely responsible for the activity that occurs on your User Account (including unauthorised use of your credit card) and you must keep your account password secure. You must notify INTO immediately of any breach of security or unauthorised use of your User Account. INTO will not be liable for any losses caused by any unauthorised use of your User Account. You are prohibited from using another User’s Access Code or User Account without permission.

Some functionality of the Services, including  location based services and functionality, may require the transmission of information provided by the User including user names and passwords, e-mail addresses (“User Information”). If the User uses such functionality, the User consents to the transmission of User Information to INTO, its agents and/or service providers and authorises INTO, its agents and/or service providers to record, process and store such User Information as necessary for the Services functionality and for purposes described in the INTO Privacy Policy (located at www.getintoapp.com ).

You may control your User profile and how you interact with the Service by changing the settings in your settings screen. By providing INTO your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings screen. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

The User acknowledges that INTO reserves the right change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. INTO may temporarily or permanently suspend or terminate access to the Services including your User Account without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms. Upon termination, you continue to be bound by these Terms.

Redemption of Offers

In order for Users to redeem an Offer, the User must present a Merchant through their mobile devices, or any other media that INTO has adopted for voucher redemption with a paper voucher or electronic certificate that evidences a User’s redemption of an Offer and contains the terms of, and unique redemption information for the Offer (Voucher). The Vouchers will include any restrictions or limitations on the use of the Voucher and any terms and conditions associated with the offer (Offer Terms). Users should ensure they have read all Offer Terms prior to redemption of any Offer.

Certain Offers will indicate specific limits or maximums with respect to the number or type of Vouchers that may be offered in relation to the specific Offer. INTO will use all commercially reasonable efforts to stop promoting an Offer when the limitations have been reached. 

The User acknowledges that INTO is a platform available for Users to access Offers provided exclusively by Merchants.  INTO makes no representations, warranties or guarantees about any of the Offers provided by the Merchants. INTO will not be liable for any Merchants fulfilling your Offer, the supply of any and all goods and/or services specified in the Offer or any injury, loss or damage arising from any Offer promoted or redeemed via the Services.  

Use of the Services

The User must not use the Services to (or attempt to) upload, post, transmit or otherwise make available any text, illustrations, photos, audio, video, or any other material (Material) or do any activity that:

  • Is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) third-party rights of any kind, including without limitation any patent, copyright, moral rights, trade mark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction;
  • contains any information or content that you know is not correct and current;
  • contains, promotes, or provides information about unlawful activities or conduct;
  • could harm, abuse, harass, stalk, threaten or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, INTO, Users, Merchants or any third party;
  • may create a risk of any other loss or damage to any person or property;
  • may constitute or contribute to a crime or tort;
  • includes an image or personal information of another person or persons unless you have their consent;
  • impersonates any person or entity; 
  • poses or creates a privacy or security risk to any person;
  • transmits (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, or "spamming";
  • solicits money, passwords or personal information from any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software; or
  • is in breach of any applicable laws or regulations;

In any circumstance where an Offer is advertised to a User for goods and/or services that are subject to an age restrictions, a User is prohibited from redeeming the Offer if they do not meet the required age restriction.

By uploading, transmitting, posting or otherwise making available any Material via the Services, the User:

  • grants INTO (and its successors’ and affiliates’) business a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, transferrable licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Material and your name, voice, and/or likeness as contained in your Material, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and INTO’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
  • warrants that you have the right to grant the abovementioned licences;
  • warrants that the Material does not breach the Terms; and
  • unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

INTO reserves the right (but have no obligation) to:

  • review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
  • monitor use of the Services and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
  • monitor disputes between you and other Users or Merchants.

INTO reserves the right, in its sole discretion, to assert legal action with respect to Material or use of the Services, that INTO reasonably believes is or might be in violation of these Terms or INTO Policies. INTO’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

INTO will not be responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Services by any User, Merchant or any other person or third party other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Services simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any User, Merchant or any other person other than us.

Termination

INTO may terminate or suspend your access to your User Account immediately if you (a) you violate your redemption obligations with respect to any Offer; (b) you violate any of the these Terms, or (c) or otherwise misuse, repeatedly abuse INTO guidelines or standards that have been communicated to you in advance, or in any way engage in conduct, which in INTO’s sole discretion, is unfair, misleading, deceptive or otherwise in bad faith, and without regard to whether such conduct is actually adverse to the interests of INTO or any User or Merchant.

Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by INTO. INTO does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website or service from the Services, you do so at your own risk, and you understand that these Terms and INTO’s Privacy Policy do not apply to your use of such sites. You expressly relieve INTO from any and all liability arising from your use of any third-party website, service, or content.

Additionally, your dealings with or participation in promotions of advertisers found on the Service, including, supply, payment and/or delivery of goods and services, and any other terms (such as warranties) are solely between you and such advertisers. You agree that INTO shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Privacy

We undertake to take all due care with any information which you may provide to us when accessing our  Services. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed via www.getintoapp.com.

By setting up a User Account you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings screen or by emailing support@getintoapp.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Intellectual Property

You acknowledge that INTO owns all right, title, and interest, including all intellectual property rights, in the Services including the trade name, logos, trade marks, and service marks, and any content, data, software, technology, tools, or business methods used by INTO to develop, promote, market, sell, generate, or distribute Offers and Vouchers and otherwise perform under these Terms (collectively the “INTO IP”), are the exclusive property of INTO and its licensors. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license, title or interest in or under any INTO IP, and you agree not to sell, license, rent, modify, distribute, transfer, download, display, copy, reproduce, transmit, publicly display, translate, reverse engineer, decompile or disassemble publicly perform, publish, adapt, edit or create derivative works from any INTO IP without the express written consent of INTO. Use of the INTO IP for any purpose not expressly permitted by these Terms is strictly prohibited.

All goodwill and improved reputation in respect of and associated with the INTO IP will vest to the sole benefit of INTO.

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place INTO under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, INTO does not waive any rights to use similar or related ideas previously known to INTO, or developed by its employees, or obtained from sources other than you.

INTO takes no responsibility and assumes no liability for any Material that you or any other User, Merchant or third party posts or sends over the Services. You will be solely responsible for your Material and the consequences of posting or publishing it.

No Warranties

The service is provided on an “as is” and “as available” basis. The User’s use of the Services is done so at his or her own risk.

To the fullest extent permitted by applicable law, INTO disclaims all warranties and conditions, whether express or implied, including any warranties or conditions that the Services are merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose, non-infringing or free of defects, errors or other harmful components or able to operate on an uninterrupted basis, or that the use of the Services by the User is in compliance with laws applicable to the user or that user information transmitted in connection with the Services will be successfully, accurately or securely transmitted.

Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.

INTO does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the INTO Services or any hyperlinked website or service, and into will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Indemnities

You agree to indemnify and hold harmless INTO and its directors, officers, employees, contractors, subsidiaries, agents, licensors, managers and affiliated companies from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

Limitation of Liability

To the maximum extent permitted by applicable law INTO and its directors, officers, employees, contractors, subsidiaries, agents, licensors, managers and affiliated companies will not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services. Under no circumstances will INTO be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Services or your account or the information contained therein.

To the maximum extent permitted by applicable law, into assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party.

Certain legislation, including the Australian Consumer Law may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which INTO are able to do so, the liability of INTO and its affiliates, agents, directors, employees, suppliers, or licensors under those provisions will be limited, at its option to supplying of the Services again; or the payment of the cost of having the Services supplied again.

General

These Terms are the complete and conclusive statement of the agreement between INTO and the User and may not be varied, amended, waived, altered, supplemented, modified or added to, without the express written agreement of INTO.

In the event of a conflict between these Terms and the terms of your Offer, these Terms will apply.

If any of the provisions set out in these Terms are determined to be void or unenforceable then that provision must be read down to avoid that result or if the provision cannot be read down then it must be severed and the rest of the Terms will remain in full force and affect.

The failure of INTO to enforce any provision of these Terms at any time or for any period of time will not be construed to be a waiver of such provision or of the rights of INTO to enforce each and every provision of the Agreement. A waiver of a power or right shall in ineffective unless in writing and executed by INTO.

These Terms are to be governed by and construed in accordance with the laws of New South Wales. The User irrevocably consents to the exclusive jurisdiction of the courts of New South Wales for purposes of any legal action arising out of or related to the use of the Services or these Terms.

PRIVACY POLICY

Personal information is important to INTO

  • INTO APP PTY LTD (ACN 169 451 914) and its related entities (INTO) have a firm commitment to privacy. INTO is committed to respecting the privacy of your personal information. This Privacy Policy explains our policy for dealing with personal information that we collect through our website http://luxeassociates.com.au/     (Website) and our mobile application INTO APP (App) collectively the Services.
  • The Services are used by INTO to give members and merchants (Users) access to the Services.
  • Access to, and the provision of, the Services is conditional on Users accepting the terms of this Privacy Policy.
  • You may contact us with any queries you may have in respect of this Privacy Policy or your personal information via email: support@getintoapp.com .
  • INTO is committed to safeguarding personal privacy. Unless given consent to do otherwise, INTO will only collect and use personal information as set out below.
  • Throughout this Privacy Policy, we refer to your ‘personal information’, which means information which identifies you as an individual or from which your identity can be reasonably ascertained. Your name, gender, date of birth, home address, home telephone number, mobile telephone number, email address and workplace contact details are examples of personal information. Personal information also includes information we may collect about your individual practices and preferences.
  • We will post any changes to this Privacy Policy on our Website, so we encourage you to check this Privacy Policy from time to time.

Collecting Personal Information

  1. INTO will not collect or monitor any personal information about you without your consent. The only personal information collected is what has been provided voluntarily.
  2. INTO may request your personal information (such as name, phone, email, address, date of birth) in order to facilitate or provide you with the Services, marketing materials, newsletters, electronic newsletters (e-newsletters), blog updates, new release / launch information, and advise of other INTO services, seminars or events which may be of interest. No one is obligated to provide personal information. However, failure to do so may result in INTO being unable to facilitate or provide you with the Services or information about the Services, seminars or events, or send you our e-newsletter or blog updates (as applicable).

Passive Information Collection

  1. The Services may use and combine passively collected anonymous information to provide better service to our Users, customise the Services based on your preferences, compile and analyse statistics and trends, and otherwise administer and improve the Services for your use. Such information is not combined with personally identifiable information collected elsewhere on the Services unless you have consented.
  2.  “Cookies” are pieces of information that a website transfers to a computer’s hard disk for record keeping purposes. Most web browsers are set to accept cookies. INTO may use cookies to make your use of the Services as convenient as possible. Cookies do not themselves personally identify Users, although they do identify a User’s browser. Cookies allow INTO to monitor the items you may want to access as you move through the Services and records how many people are using the different parts of the Services.
  3. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, please search for “cookie” in the “Help” portion of your browser.

Using and disclosing your personal information

  1. Personal information collected will be used for the following primary purposes:
    • For the purposes for which it was collected (as advised in this Privacy Policy and on the Services);
    • To maintain the functionality of the Services, including the provision of information to you relating to an enquiry you may have submitted via the Services;
    • To provide you with newsletters via mail and e-newsletters and blog updates via commercial electronic messages;
    • To provide you or our clients with information about developments, events or other services and products and to provide marketing materials or information about special offers via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, social media) or any other form of electronic, emerging, digital or conventional communications channel.
    • To maintain our relationship with you or our clients;
    • To process a booking and/or order (for example but not limited to sending order confirmation and booking confirmation details);
    • To render the Services related to the business of INTO, to manage and account for the Services, and to improve the Services;
    • To obtain opinions or comments about Services and to conduct other research and development; and
    • To record statistical data for marketing analysis.
  2. For the purposes described above, information may be shared with INTO agents or promotional partners. Also, in order to operate and deliver the Services personal information may also be shared with a service provider or other non- INTO company or professional.
  3. INTO recognises the trust with which you provide personal information, and except as stated in this Privacy Policy, such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of INTO or any member of the public, or to lessen a serious threat to a person’s health or safety.
  4. No credit card details are retained under any circumstances.

User's consent to our use of personal information

  1. We ask for Users’ consent to the use of any personal information we collect from them in accordance with this Privacy Policy at the time of providing that information. If a User does not wish to provide us with their consent, they cannot agree to the INTO Terms and Conditions and must not use the Services.
  2. Our use of the personal information we collect is necessary in order for us to maintain the Services and facilitate Users’ use of the Services. We do not collect any unnecessary personal data from Users (for instance, their race or religious beliefs).

Contact by INTO

  1. INTO may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, post, social media or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above.
  2. INTO does not send advertising or marketing information without obtaining prior consent, for example the consent contained within this Privacy Policy. If you receive communications INTO which you do not wish to receive, you may remove your name from the database either by utilising the functional unsubscribe facility (if the communication is via commercial electronic message) or by contacting INTO via email support@getintoapp.com .Please allow 14 days for this request to be processed.

Changing and deleting the information we have about you

  1. You have the right to review and amend the information that may be recorded on the INTO database by contacting INTO email support@getintoapp.com . Please allow 14 days for this request to be processed.
  2. In the same way, a request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in INTO being unable to facilitate or provide you with Services or product information (including any e-newsletters or blog updates), upcoming event information, and/or provide the Services (including quick enquiry services).
  3. We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this policy.

Storage and security of personal information

  1. INTO will endeavour to take all reasonable steps to keep secure any personal information recorded, and to keep this information accurate and up to date. The information is stored on secure servers that are protected in controlled facilities.
  2. In some cases these facilities may be overseas. INTO employees and data processors are obliged to respect the confidentiality of any personal information held by INTO. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. INTO will not be held responsible for events arising from unauthorised access to personal information.

LUXE and links to other websites

  1. The Services and any related websites or mobile applications may, from time to time, contain links to the services of other organisations which may be of interest to you. Linked websites and mobile applications are responsible for their own privacy practices and you should check those websites and mobile applications for their respective privacy statements. INTO is not responsible for the conduct of individuals or companies linked to the Services.

Problems or queries

  1. Queries relating to the Privacy Policy, or any problems or complaints may be directed to INTO via email support@getintoapp.com . Please allow 14 days for this request to be processed.

INTO MERCHANT TERMS AND CONDITIONS OF USE

These terms and conditions (Terms) govern and are incorporated into the Merchant Agreement between Into App Pty Ltd (INTO) and the Merchant and apply to all services, including the use of the online and/or mobile services, the website www.getintoapp.com (the Website), the INTO Mobile Application (Application) and software provided on or in connection with the services (the Services). In these Terms, “we” “us” and “our” refers to INTO.

By accessing or using the Services, you signify that you have read, understood, and agree to be bound by these Terms.  INTO may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Website and/or in the Application. Your subsequent or continued use of the Services will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Services.

The Merchant is the supplier of goods and/or services identified in the Merchant Agreement and includes any authorised employee or representative of the Merchant (“Merchant”).

INTO Merchant Account

A Merchant must execute a Merchant Agreement and register a Merchant Account using the Website or Application (your “Merchant Account”). Your Merchant Account will facilitate your use of the Services including but not limited to your interactions with authorised users of the INTO Services (Users).

In order to complete registration of your Merchant Account you must provide certain information as set out on our Merchant Registration page.  When creating your Merchant Account, you must provide accurate and complete information and you undertake to update your registration details from time to time when they change.

Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

On registration of your Merchant Account you will be provided with a password and username. You are solely responsible for the activity that occurs on your Merchant Account (including unauthorised use of your credit card) and you must keep your account password secure. You must notify INTO immediately of any breach of security or unauthorised use of your Merchant Account. INTO will not be liable for any losses caused by any unauthorised use of your Merchant Account.

The Merchant acknowledges that INTO reserves the right change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. INTO may temporarily or permanently suspend or terminate access to the Services including your Merchant Account without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms. Upon termination, you continue to be bound by these Terms.

The Merchant must not use the Services to (or attempt to) upload, post, transmit or otherwise make available any text, illustrations, photos, audio, video, or any other material (Material) or do any activity that:

  • Is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) third-party rights of any kind, including without limitation any patent, copyright, moral rights, trade mark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction;
  • contains any information or content that you know is not correct and current;
  • contains, promotes, or provides information about unlawful activities or conduct;
  • could harm, abuse, harass, stalk, threaten or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, INTO, Users, Redeemers or any third party;
  • may create a risk of any other loss or damage to any person or property;
  • may constitute or contribute to a crime or tort;
  • includes an image or personal information of another person or persons unless you have their consent;
  • impersonates any person or entity; 
  • poses or creates a privacy or security risk to any person;
  • transmits (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, or "spamming";
  • solicits money, passwords or personal information from any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or
  • is in breach of any applicable laws or regulations.

By uploading, transmitting, posting or otherwise making available any Material via the Services, the Merchant:

  • grants INTO (and its successors’ and affiliates’) business a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, transferrable licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Material and your name, voice, and/or likeness as contained in your Material, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and INTO’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
  • warrants that you have the right to grant the abovementioned licences
  • warrants that the Material does not breach the Terms; and
  • unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

INTO reserves the right (but have no obligation) to:

  • review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
  • monitor use of the Services and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
  • monitor disputes between you and other Merchants, Redeemers or Users.

INTO reserves the right, in its sole discretion, to assert legal action with respect to Material or use of the Services, that INTO reasonably believes is or might be in violation of these Terms or INTO Policies. INTO’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

INTO will not be responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Services by any User, Merchant or any other person or third party other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Services simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any User, Merchant or any other person other than us.

Fees

All Merchants are required to pay the monthly fee specified in the Merchant Agreement in advance in order to hold a Merchant Account (Fees).

Failure to pay the Fees will result in termination of your Merchant Account and all current Offers being removed from all Services.

All Fees and prices for the Services are in Australian Dollars (AUD) and are inclusive of GST.  All Fees are subject to change and we endeavour to ensure that our price list is current.

Merchant Offers

Merchants may access and use the Merchant Account to create an offer to be offered to Users for inclusion in the Services (Offer). In order to create an Offer the Merchant must first complete and submit an offer request that discloses all information necessary for the Offer (“Offer Request”).

An Offer Request must include all Material necessary to describe and illustrate the Offer and specify all terms, generally applicable policies including but not limited to cancellation policies that apply to all Users, restrictions and contractual arrangements including but not limited to any liability waivers required for all Users applicable to the Offer (“Offer Terms”). You are responsible and liable for all of your Offers including any associated Material or Offer Terms, and for INTO’s or any Users use or reliance on any of the foregoing. INTO will have no liability for the nature of your Material or Offer Terms or your failure to specify appropriate Material or Offer Terms.

Submission of an Offer Request does not obligate INTO to accept the Offer Request or any of its contents nor to promote the Offer, and is not binding on INTO until INTO actually approves and promotes the Offer through the Services. Even if INTO has accepted a particular Offer Request for your Offer, INTO shall have no obligation to promote or to continue to promote, any Offer if it has any concerns about the integrity of the Offer.

If INTO accepts your Offer Request and INTO begins to promote your Offer to Users on the Services, the offer will become an active Offer (Active Offer). The Active Offer will be promoted using any method and through any medium that INTO deems appropriate in its sole discretion, including through e-mail, mobile applications and any other INTO electronic interface for the offer period specified and approved in the Offer Request (Offer Period) unless INTO earlier terminates the Offer for any or no reason.

INTO may promote the Offer to INTO Users based on geographic or other geolocational data, but will determine the Users to whom your Offer is actually promoted and made available in its sole discretion. INTO further reserves the right, but has no obligation, to promote the Offer through its affiliates and third party business partners from time to time.

In creating your Offer, you may not: (a) offer to sell or giveaway any goods or services on terms or in a manner that is prohibited by law from being offered or advertised; (b) include any Material that violates or infringes in any way upon the rights of others; or (c) include any Material that is unlawful, threatening, abusive, defamatory, misleading or deceptive, invasive of privacy rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any law.

In order for Users to redeem an Offer, INTO will make a paper voucher or electronic certificate that evidences a User’s redemption of an Offer and contains the terms of, and unique redemption information for, such Offer voucher available to the redeemer of your Offer (Voucher). The Vouchers will include any restrictions or limitations on the use of the Voucher you have specified in the Offer Request. Users may then redeem the Offer by presenting their Vouchers to you through their mobile devices, or any other media that INTO has adopted for voucher redemption (Redeemers).

If you indicate specific limits or maximums with respect to the number or type of Vouchers that may be offered through an Offer in the Offer Request, INTO will use all commercially reasonable efforts to stop promoting your Offer accordingly.

You acknowledge that you are the exclusive seller of your Offer and the issuer of the Vouchers. You also are responsible and liable for: (a) the decision to make your Offer available through the Services; (b) fulfilling your Offer with respect to all Redeemers; and (c) supplying all goods and/or services specified in the Offer.

You agree to comply with your obligations specified in these Terms, the Offer Request and other obligations regarding the use of your Merchant Account. You acknowledge and agree to  (a) honor the Vouchers during the time period specified on, pursuant to the terms of, your Offer, and as required under applicable law(s); (b) handle all customer service in connection with the redemption and use of the Vouchers; (c) honor any Voucher presented by the Redeemer unless you reasonably believe that individual obtained the voucher in an unauthorised or illegal manner, in which case you shall immediately contact INTO and explain the circumstances; and (d) comply with any Offer Terms stated on the Voucher without modification and  without imposing any restrictions or additional charges or penalties that are not expressly stated on the Voucher.

INTO is not and will not be liable for any loss or damage arising from your failure to manage your  Merchant Account, including without limitation to regularly review the accuracy of your Offers and other information created on your behalf by authorised INTO personnel.

You may subcontract or delegate portions of your performances required by these Termswith respect to a particular Offer to a third party (each, a “Third Party Merchant”). If you subcontract or delegate to Third Party Merchants with respect to fulfilling such Offer, you will remain solely responsible and liable for (a) all your obligations, including financial obligations, under these Terms and (b) all acts and omissions of your Third Party Merchants. You shall require your Third Party Merchants to comply with all applicable restrictions and obligations imposed on you under these Terms, and you will be solely responsible for your financial and contractual relationship with your Third Party Merchants.

The Merchant or INTO may cancel or suspend an Offer through your Merchant Account for any or no reason.

Term and Termination

These Terms are effective on the date you accept the Terms by signing this document. These Terms will remain in effect through the expiration of all Offers unless otherwise earlier terminated in accordance with these Terms.  

INTO may terminate or suspend your access to the Merchant Account with one (1) day advance written notice for convenience, or immediately for cause if: (a) you violate your redemption obligations with respect to any Offer made by you through the Services; (b) you fail to redeem or cause the redemption of any Voucher to fail for any reason, including but not limited to the sale or dissolution of your business, a violation of or a higher than expected number of Redeemers, (c) you violate any of the these Terms, or (d) or otherwise misuse, repeatedly abuse INTO guidelines or standards that have been communicated to you in advance, or in any way engage in conduct, which in INTO’s sole discretion, is unfair, misleading, deceptive or otherwise in bad faith, and without regard to whether such conduct is actually adverse to the interests of INTO or any User or Redeemer.

Neither the expiration nor termination of these Terms, nor your suspension or cancellation of any Offer shall in any way affect the rights of any holder of a valid Voucher. All Terms and any sections of these Terms that are logically intended and required to survive expiration or termination of these Terms to achieve their intent, shall survive without limitation.

Privacy

We undertake to take all due care with any information which you may provide to us when accessing our Services. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed via www.getintoapp.com.

By setting up a Merchant Account you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings screen. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Customer Data

You acknowledge that INTO owns all data collected by, or on behalf of, INTO pursuant to these Terms, including all information and data of Users and Redeemers (“Customer Data”). Subject to applicable laws and in accordance with INTO’s policies and procedures, INTO shall not provide you with access to Customer Data, except: (i) to the extent such specific data is necessary for you to redeem and/or verify the validity of the Vouchers, and, (ii) to the extent that any User or Redeemer is made aware by statements in the Offer Terms, that providing or sharing certain information is required to redeem the Voucher, if such sharing would not be implicit in the type of good or service being offered.

Except to the extent required by laws or otherwise authorised in writing by INTO, you may not use Customer Data for any purpose other than to redeem the Vouchers and service the Offer. You will ensure that any Third Party Merchants you may work with, take commercially reasonable efforts to protect the security of Customer Data and comply with all laws (and INTO’s policies and procedures) relating to the processing of any Customer Data.

Upon termination or expiration of your Merchant Agreement, you will, as directed by INTO, destroy or return to INTO all the Customer Data in your or your Third Party Merchants possession.

Intellectual Property

You acknowledge that INTO owns all right, title, and interest, including all intellectual property rights, in the Services including the trade name, logos, trade marks, and service marks, and any content, data, software, technology, tools, or business methods used by INTO to develop, promote, market, sell, generate, or distribute Offers and Vouchers and otherwise perform under these Terms (collectively the “INTO IP”), are the exclusive property of INTO and its licensors. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license, title or interest in or under any INTO IP, and you agree not to sell, license, rent, modify, distribute, transfer, download, display, copy, reproduce, transmit, publicly display, translate, reverse engineer, decompile or disassemble publicly perform, publish, adapt, edit or create derivative works from any INTO IP without the express written consent of INTO. Use of the INTO IP for any purpose not expressly permitted by these Terms is strictly prohibited.

You shall not use or display the INTO IP in any way that states or implies that INTO has endorsed or approved the Offer or your products or services. Any use of INTO IP shall comply with any INTO usage guidelines posted on the INTO on the Website or Application or otherwise provided to you from time and must be authorised and approved by INTO. 

All goodwill and improved reputation in respect of and associated with the INTO IP will vest to the sole benefit of INTO.

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place INTO under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, INTO does not waive any rights to use similar or related ideas previously known to INTO, or developed by its employees, or obtained from sources other than you.

INTO takes no responsibility and assumes no liability for any Material that you or any other User, Redeemer or third party posts or sends over the Services. You will be solely responsible for your Material and the consequences of posting or publishing it.

Insurance

You represent and warrant that you have, and will maintain at your expense and at all times during the term of these Terms, all types of liability insurance policies, with coverage in amounts that are customary for Merchants and/or service providers in your region, consistent with best industry practices, and sufficient to fully comply with applicable law and fulfill your obligations under these Terms.

Upon INTO’s request, you shall provide proof of your maintenance of such policies and provide assurances that indicate that INTO will be covered by your insurance policies in the event of a claim arising under or in relation to, these Terms or any Offer.

Confidentiality

Each Party agrees that (i) the terms set forth in a Merchant Agreement and Account are confidential, (ii) any information designated by the other Party as “confidential,” and (iii) any other information that the recipient should reasonably expect to be confidential under the circumstances shall be collectively deemed “Confidential Information.” Confidential Information does not include information that (a) was, or becomes, publicly known through no action of the receiving Party; (b) is already in the legitimate possession of the receiving Party prior to its disclosure; (c) is obtained by the receiving Party without a breach of any third party’s obligations or violation of Laws;
or (d) is independently developed by the receiving Party.

Each Party shall take reasonable precautions to protect all Confidential Information, and will only disclose Confidential Information to its employees on a need-to-know basis.

You may also disclose Confidential Information to your Third Party Merchants if they have signed a confidentiality agreement that requires them to protect the Confidential Information in at least the same manner specified in these Terms.

Each Party agrees that, in the event of an actual, alleged or threatened breach of its confidentiality obligations established by these Terms, the other Party is likely to suffer immediate and irreparable harm, and may seek a temporary restraining order, injunction or other form of equitable relief without the posting of any bond or other security.

Representations & Warranties

The Merchant represents and warrants that: (a) it has the power and authority to enter into the Merchant Agreement and perform its obligations under these Terms; (b) it will comply with all laws applicable to its obligations under these Terms; (c) it has obtained and at all times maintains all rights and permissions, licenses, approvals, and authorisations necessary to provide the goods or services included as part of any Offer; (d) the Offer Terms of any Offer , and all good or services provided in connection with any Offer comply with any and all applicable, laws rules and regulations; (e) any Content, including any representations made by the Merchant about the Merchant and the redemption process for Vouchers, do not and will not infringe, misappropriate, or otherwise violate any intellectual property right or right of any third party.

To the maximum extent permitted by law the INTO Services are provided “as is”, without any warranty of any kind, and on an “as available” basis. INTO  makes no any representations or warranties, express or implied, including without limitation any implied warranty that the Services are merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose, non-infringing or free of defects, errors or other harmful components or able to operate on an uninterrupted basis, or that the use of the Services by the Merchant, Users or Redeemers is in compliance with applicable laws or that user information transmitted in connection with the Services will be successfully, accurately or securely transmitted.

INTO does not warrant or guarantee that (a) any Offer will be error-free; (b) any errors, omissions or misplacements will be corrected, or (c) any Offer will result in any revenue, promotion, benefit or profit to the Merchant. 

To the maximum extent permitted by law INTO makes no representations or warranties, express or implied, regarding the Services or any other promotion, distribution or redemption method used or provided by INTO (including with respect to its uninterrupted or error-free operation) and/or the accuracy, adequacy, reliability, availability, timeliness, completeness, suitability or other characteristics of the information and materials contained on or presented therein.

Indemnities

The Merchant, at your sole cost and expense, will defend, indemnify and hold INTO, its affiliated and related entities, and any of their respective officers, directors, agents and employees, harmless from and against any third party claims, lawsuits, actions, proceedings or investigations from and against any fees, costs, sanctions, penalties, damages, losses or expenses (including but not limited to legal fees and costs) arising out of or relating to any of the following: (a) your or any Third Party Merchant’s (i) fraud, willful misconduct, or negligence or (ii) breach or alleged breach of these Terms; (b) any claim for tax obligations (including any penalties, interest or other additions to tax) arising from the redemption of a Voucher; (c) the goods and/or services provided by you, including but not limited to, any claims for false advertising, misleading and deceptive conduct, defamation, injuries, illnesses, damages, or death; (d) any Offer, including your provision of incomplete or inaccurate or information applicable to such Offer; or (f) your Material; and (g) any infringement, misappropriation, or other violation, of any patent, trade mark, copyright, publicity, privacy, trade secret, or other right of any third party by you, your Material, or the use thereof.

Limitation of Liability

To the maximum extent permitted by applicable law INTO and its directors, officers, employees, contractors, subsidiaries, agents, licensors, managers and affiliated companies will not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services. Under no circumstances will INTO be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Services or your account or the information contained therein.

To the maximum extent permitted by applicable law, INTO assumes no liability or responsibility for (i) any supply by the Merchant of goods and/or services to Users or any other third party including but not limited to claims relating to false advertising, misleading and deceptive conduct, defamation, injuries, illnesses, damages, or death (ii) any errors, mistakes, or inaccuracies of content; (iii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services; (iv) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (v) any interruption or cessation of transmission to or from the Services; (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (viii) any Material or the defamatory, offensive, or illegal conduct of any third party.

Certain legislation, including the Australian Consumer Law may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which INTO are able to do so, the liability of INTO and its affiliates, agents, directors, employees, suppliers, or licensors under those provisions will be limited, at its option to supplying of the Services again; or the payment of the cost of having the Services supplied again.

General

You acknowledge and agree to receive communications from INTO in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that INTO provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing.

Nothing in these Terms shall be deemed or construed by the Parties hereto, nor by any third party, as creating a joint venture, partnership, franchise, or an agency relationship between the Parties.

These Terms are the complete and conclusive statement of the agreement between INTO and the User and may not be varied, amended, waived, altered, supplemented, modified or added to, without the express written agreement of INTO.

In the event of a conflict between these Terms and the terms of your Offer, these Terms will apply.

If any of the provisions set out in these Terms are determined to be void or unenforceable then that provision must be read down to avoid that result or if the provision cannot be read down then it must be severed and the rest of the Terms will remain in full force and affect

The failure of INTO to enforce any provision of these Terms at any time or for any period of time will not be construed to be a waiver of such provision or of the rights of INTO to enforce each and every provision of the Agreement. A waiver of a power or right shall in ineffective unless in writing and executed by INTO.

These Terms are to be governed by and construed in accordance with the laws of New South Wales. The User irrevocably consents to the exclusive jurisdiction of the courts of New South Wales for purposes of any legal action arising out of or related to the use of the Services or these Terms.

Contact
 
Please contact us at info@getintoapp.com with any questions regarding this Agreement.