This mobile application (App) is operated by Enkidu Technologies Pty Ltd ABN 91 615 862 247, its successors and assignees (we, our or us). The App allows businesses to create a profile, design rewards programs, customise offers, encourage social advocacy, empower staff promoters and connect with consumers and potential and existing customers (Consumers or a Consumer).
Please read these Terms carefully and cease using the App if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our App. We recommend you check our App regularly to ensure you are aware of our current Terms.
If any of the provisions of the Apple Terms, the Android Terms or any of our policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the App.
Access to the App will require you to register for an account (Account).
You may only have 1 Account on the App.
You must provide basic information when registering for an Account including name, email address, business details (including ABN) and location and we will provide you with a username and password.
You may register for an Account using a Facebook account (Social Media Account). We may offer sign-up through other social media accounts or by submitting other information in the future. If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile).
You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including any interactions you have with Consumers using your Account details, whether or not you authorised such activities, actions or interactions.
You may use the App to design rewards programs, create offers, encourage social advocacy and empower staff promoters.
If you create a rewards program, an offer or any other loyalty system using the functionality available on the App (Rewards Program), then you are solely responsible for the terms and conditions which apply to any such Rewards Program.
managing your staff and their use of the App and App’s functionality.
If you offer a Rewards Program to your Consumers using the App, you warrant that you will deliver and/or supply the points, rewards or other benefit offered as part of the Rewards Program to your Consumers, if and when a Consumer satisfies the eligibility requirements applying to the relevant Rewards Program, as set by you.
When creating a Rewards Program, you must set out the terms and conditions applying to the Rewards Program in the space available on the App.
You represent and warrant that you will comply with any trade promotion laws in your state or territory, including applying for and maintaining applicable licences, permits and certifications, in relation to any Rewards Program you create through the App.
Access to and use of the App may require the payment of fees. We may offer you a trial period during which no fees will be payable.
Any fees or payments and the duration of any free trial period will be set out on the App and/or our Site.
We may change the fee and payment terms applying to the App at our sole discretion and any change is immediately effective upon us publishing the change on the App and will apply to any use of the App following the change.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our App in accordance with these Terms, only on a computer or mobile device (each a Device) you own or control. All other uses are prohibited without our prior written consent.
You are prohibited from using our App, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, however it arises, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our App up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our App, all of the Content and any other material we provide to you as part of the set-up process, including branded merchandise. Your use of our App and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our App or the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our App. By making available any User Content on or through our App, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our App.
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our App will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Third party sites: Our App may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our App, in whole or in part. We may also exclude any person from using our App, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
any Rewards Program we tailor for you will meet your business needs.
You read, use, and act on our App and the Content at your own risk.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our App or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
If Consumers purchase goods or services from you, any cancellation, exchange or refund of these goods or services is strictly a matter between you and the relevant Consumer. If we charge any fees on a subscription basis for the use of our App and you cancel your subscription, no refunds are available.
You may cancel your Account and terminate these Terms after the end of any initial trial period or after the end of any subscription period via the “Cancel Account” feature (or similar) on our App or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the App. No refunds are available if you cancel or terminate your Account.
At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if you are in breach of these Terms, any applicable laws, regulations or third party rights.
Disputes: We encourage you to attempt to resolve disputes (including claims for returns or refunds) with Consumers directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Your use of our App and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our App may be accessed throughout Australia and overseas. We make no representation that our App complies with the laws (including intellectual property laws) of any country outside Australia. If you access our App from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our App.