App Terms of Use

1. Acceptance and changes

1.1 Acceptance

By downloading, installing, registering for, accessing or using the Application, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Application.

1.2 Capacity to agree

You must be legally capable of agreeing to these Terms. If you are under 18, you may use the Application only with permission from a parent or legal guardian and subject to any age or eligibility rules set by a participating business. A participating business may impose additional conditions on its loyalty program.

1.3 Changes to these Terms

We may change these Terms when reasonably necessary to reflect changes to the Application, our business, security requirements, legal obligations or industry practice. We will give reasonable notice of material changes through the Application, our website or the most recent email address associated with your account. Where we reasonably consider that a change may materially disadvantage you, we will provide advance notice where practicable.

If you do not agree to an updated version, you may stop using the Application and request closure of your account. Your continued use after the updated Terms take effect constitutes acceptance to the extent permitted by law.

2. The ScanNEarn service

2.1 What ScanNEarn does

ScanNEarn provides technology that enables participating businesses to operate digital loyalty programs. Depending on the program and your role, the Application may allow you to register, display or scan a member QR code, earn digital stamps, view reward progress, redeem rewards, manage staff access or administer a business loyalty program.

2.2 Participating businesses

Each participating business is responsible for the loyalty offer it publishes, including qualifying purchases, stamp values, reward availability, exclusions, expiry rules and redemption conditions. Unless we expressly state otherwise, rewards are offered and fulfilled by the participating business, not by ScanNEarn.

2.3 No cash value

Stamps, progress indicators and rewards have no cash value, are not currency and cannot be sold, transferred, exchanged or combined between accounts or businesses unless the applicable loyalty offer expressly permits it.

2.4 Corrections and misuse

We or the relevant participating business may correct or reverse a stamp, reward or redemption recorded in error, obtained through a duplicate or unauthorised scan, or connected with suspected fraud or misuse. Where reasonably practicable, the affected user will be told the reason and given a way to raise a query.

2.5 Loyalty-program changes

A participating business may change, pause or end its loyalty program in accordance with its published offer and applicable law. ScanNEarn does not guarantee that a participating business will continue operating or continue a particular reward. Nothing in this clause excludes any right you may have under the Australian Consumer Law.

2.6 Queries about a reward

Questions about the goods or services purchased, a participating business's loyalty rules or fulfilment of a reward should first be raised with that business. We may assist with Application records or technical issues but are not responsible for resolving disputes about a participating business's underlying goods or services.

3. Your account and security

3.1 Accurate information

You must provide information that is accurate, current and complete and update it when it changes. You must not register an account using another person's identity or contact details without authority.

3.2 Account use

Your account and QR code are personal to you unless the Application expressly identifies them as a staff or business account. You must not sell, transfer, share or allow another person to misuse your account, credentials or QR code.

3.3 Keeping your account secure

You are responsible for taking reasonable steps to keep your password, verification codes and device access secure. You are responsible for activity resulting from your failure to protect those credentials, except to the extent caused by our act or omission.

3.4 Reporting a problem

Tell us promptly if you suspect unauthorised access, loss of a device containing an active session, misuse of your QR code or another security incident affecting your account. Contact details appear on the Contact Us page.

4. Licence and acceptable use

4.1 Limited licence

While you comply with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Application on supported devices for its intended purpose. Authorised staff and business users may use the Application for their approved business role, subject to the participating business's agreement with us.

4.2 Restrictions

Except where applicable law permits and cannot validly be excluded, you must not, and must not help another person to:

• copy, reproduce, republish, sell, rent, lease, sublicense or commercially exploit the Application or its content;
• reverse engineer, decompile, disassemble, translate, modify or create derivative works from the Application;
• bypass security controls, access another person's account or test the Application for vulnerabilities without our prior written authorisation;
• use bots, scripts, emulators or other automated methods to create accounts, generate scans, add stamps, redeem rewards or extract data;
• introduce malicious code, interfere with the Application or place an unreasonable load on our systems;
• manipulate loyalty activity, create false transactions, duplicate stamps or rewards, or otherwise use the Application fraudulently;
• scrape, harvest or use personal information obtained through the Application for unauthorised marketing or another unrelated purpose; or
• use the Application in breach of law, third-party rights or the rules of a participating business.

4.3 Connectivity charges

You are responsible for data, internet, telecommunications and device charges incurred when accessing the Application.

5. Availability, maintenance and updates

5.1 Availability

We aim to make the Application reliable and available, but do not guarantee continuous or error-free operation. Availability may be affected by maintenance, security incidents, third-party services, device compatibility, internet connectivity or events outside our reasonable control.

5.2 Maintenance and service changes

Where reasonably necessary, we may update, modify, suspend, withdraw or discontinue a feature or access to the Application. We will give as much notice as reasonably practicable if planned work will cause material unavailability or materially reduced functionality. Urgent security or operational work may occur without advance notice.

5.3 Updates

You may need to install an update or use a supported browser or operating-system version to continue using the Application securely. We are not responsible for problems caused by a failure to install an available update within a reasonable period.

6. Privacy and data use

Our Privacy Policy explains how we collect, use, disclose, secure, retain and provide access to personal information. It forms part of these Terms by reference.

The information processed through the Application may include registration and contact details, account identifiers, QR-code or membership identifiers, participating-business memberships, stamp and reward activity, device and usage information, diagnostics, support communications, and preferences. Actual collection depends on the features you use and the permissions you grant.

You may withdraw optional permissions through your device or account settings. Doing so may prevent the related feature from working. Information required to operate an account or record loyalty activity may need to be retained as explained in the Privacy Policy and as required by law.

7. Intellectual property

The Application and all associated software, interfaces, designs, text, graphics, logos, databases and other content are owned by or licensed to us and are protected by intellectual-property laws. Participating-business names, offers, logos and content remain the property of the relevant business or its licensors.

These Terms do not transfer ownership of any intellectual-property right to you. You may provide feedback, but you are not required to do so. If you provide feedback, you permit us to use it without restriction or payment, provided we do not identify you publicly without permission.

8. Third-party services and content

The Application may rely on or link to services provided by app stores, authentication providers, messaging services, mapping services, participating businesses or other third parties. Their terms and privacy practices may apply to your use of those services. We are not responsible for third-party services outside our reasonable control, but this does not limit any responsibility that cannot lawfully be excluded.

9. Suspension and termination

9.1 Suspension by us

We may suspend or restrict access where we reasonably believe it is necessary to protect users, participating businesses or the Application; investigate suspected fraud or misuse; address a security risk; comply with law; or respond to a material breach of these Terms. We will limit the restriction to what is reasonably necessary and restore access when the reason for it no longer applies, where practicable.

9.2 Account closure by you

You may stop using the Application at any time. If the Application supports account creation, you may initiate account deletion using Profile > Support > Delete User Account or contact us using the method on the Contact Us page. Deleting the Application from your device does not by itself delete your account.

9.3 Effect of termination

When your account is closed or access ends, the licence granted to you ends and you must stop using the Application. We may retain limited information where reasonably necessary for legal compliance, security, fraud prevention, dispute resolution, backup integrity or another purpose explained in the Privacy Policy.

10. Consumer rights, warranties and liability

10.1 Australian Consumer Law

You may have statutory guarantees, rights and remedies under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, and other laws that cannot be excluded, restricted or modified. Nothing in these Terms excludes, restricts or modifies those rights or any liability that cannot lawfully be excluded or limited.

10.2 Application provided as available

Subject to clause 10.1, the Application is provided on an “as is” and “as available” basis. We do not warrant that it will always be available, uninterrupted or free from every error or security vulnerability. We will use reasonable care and skill in providing services to which the Australian Consumer Law applies.

10.3 Consequential loss

Subject to clause 10.1 and to the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable, including loss of opportunity, goodwill or anticipated savings.

10.4 Liability cap

Subject to clauses 10.1 and 10.5, where it is fair and reasonable to do so and to the extent permitted by law, our aggregate liability to you arising out of or in connection with the Application or these Terms is limited to AUD $250.

10.5 Liability that is not capped

The limitation in clause 10.4 does not apply to liability arising from fraud, wilful misconduct, negligence, breach of applicable law, or another liability that cannot lawfully be limited.

10.6 Contribution and mitigation

Each party's liability is reduced to the extent that the other party's act or omission caused or contributed to the loss. Each party must take reasonable steps to mitigate loss arising in connection with these Terms.

11. Apple App Store terms

This clause applies where you obtain the Application through Apple's App Store.

• These Terms are between you and ScanNEarn, not Apple. ScanNEarn, not Apple, is responsible for the Application and its content.
• Apple has no obligation to provide maintenance or support services for the Application.
• To the extent any warranty applies and the Application fails to conform to it, you may notify Apple and Apple may refund the purchase price, if any, in accordance with its rules. To the maximum extent permitted by law, Apple has no other warranty obligation regarding the Application.
• ScanNEarn, not Apple, is responsible for addressing claims relating to the Application, including product-liability claims, legal or regulatory claims, consumer-protection claims and claims that the Application infringes a third party's intellectual-property rights.
• You represent that you are not located in a country subject to a United States Government embargo and are not listed on a United States Government restricted- or prohibited-party list.
• You must comply with applicable third-party terms, including your mobile data-service agreement, when using the Application.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce this clause against you once you accept the Terms.

Nothing in this clause limits rights that cannot be limited under Australian law.

12. General legal terms

12.1 Governing law

The laws of Victoria, Australia, and applicable Commonwealth laws govern these Terms. Subject to any right you have to bring a claim elsewhere under applicable law, the courts of Victoria have non-exclusive jurisdiction.

12.2 Severability

If a provision is unlawful, invalid or unenforceable, it will be read down to the minimum extent necessary or severed. The remaining provisions continue to apply.

12.3 No waiver

A failure or delay in exercising a right does not waive that right.

12.4 Assignment

You must not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations as part of a genuine restructure, financing or sale of the business, provided this does not reduce protections available to you under applicable law.

12.5 Entire agreement

These Terms, our Privacy Policy and any additional terms expressly accepted for a particular feature form the agreement about your use of the Application. They do not replace separate terms governing a participating business's goods, services or loyalty offer.

13. Contact

14. Definitions

Application

means the ScanNEarn mobile application, mobile web application and related customer, staff and business interfaces, including updates we provide.

Content

means the text, graphics, interfaces, photographs, trade marks, logos, sounds, artwork, software, code, databases, design, selection, arrangement and other material made available through the Application.

Participating business

means a business that uses ScanNEarn to offer or administer a loyalty program.

Privacy Policy

means the ScanNEarn Privacy Policy, as updated from time to time.

Reward

includes a benefit, product, service, discount or other offer made available by a participating business after its stated loyalty conditions are satisfied.

Terms

means these ScanNEarn App Terms of Use.

You or your

means the individual who accesses or uses the Application, including an authorised staff or business user where applicable.