- In these Terms “App” refers to a computer software application developed by us called “Groupee”. Unless the context requires otherwise, a reference to the “App” includes all modifications, enhancements or updates (including new versions and renamed versions), and includes all associated documentation and instructions relating to it.
- The App, owned by Groupee Pty Ltd (ACN 613 052 645) and its related bodies corporate (referred to as Groupee, we, our or us in these Terms), is provided on the condition set out in these Terms. These are our Terms in respect of any use of the App by any users (referred to as you or your in these Terms).
- These Terms apply however you access the App, regardless of how you access the App. Please read these Terms carefully before accessing or using the App. By downloading or otherwise using or accessing the App you agree to be bound by the Terms.
Use of this App
- Groupee may modify these Terms at any time, and such modifications will be effective as soon as Groupee provides a notification through the App or updates the Terms on its website. You agree to any modifications to the Terms by continuing to use the App after the Terms have been modified. You are bound by such modification. A copy of our current Terms are available through the App and are displayed on Groupee’s website at all times.
- If you do not agree with any of these Terms, you must not use the App.
- Groupee reserve the right to do any of the following in relation to your use of the App:
- Suspend your use of the App.
- Permanently or temporarily prevent your access to the App.
- If you breach these Terms, immediately suspend or terminate your use of the App and, at Groupee’s option, take any appropriate legal action against you.
- By agreeing to being bound by these Terms, you represent and warrant that you are at least 18 years of age, or if you are agreeing to being bound to these Terms on behalf of any person under 18, that you are that person’s parent or legal guardian. You must inform any persons under 18 about these Terms and their obligation to comply with them.
- You must set a password for use of the App in accordance with any instructions provided by the App. You must protect any such password. You must immediately notify Groupee of any unauthorised use of your password or account, or any breach of security that will adversely impact your use of the App.
- You are at all times responsible for maintaining the confidentiality of your password and account. Groupee has no liability for any loss or damage (including for unauthorized access to your account) where you fail to comply with your password obligations.
Registering for and using a prepaid solution
- If you use the App to provide information to sign up for a pre-funded payment product (prepaid solution), you acknowledge that Cuscal Ltd ABN 95 087 882 455 AFSL 244116 (Cuscal) is the issuer of the prepaid solution, and INC.C Payments Pty Ltd ABN 94 623 555 699 (C) is an agent of Cuscal and is responsible for the distribution and management of the prepaid solution. All use of the prepaid service will be subject to the INC.C terms and conditions (available at incc.com.au/terms-and-conditions/) and the Cuscal product disclosure statement (PDS) (available here [insert link]). Please refer to these documents for full terms and conditions and rules in respect of the prepaid solution.
- By using the App to pass information to INC.C and INC.C as agent for Cuscal distributing and managing the prepaid solution, you are taken to agree to the INC.C terms and conditions and acknowledge receipt of the Cuscal PDS.
- Groupee’s role is limited to supplying the App which a technological solution allowing you to pass information to INC.C for INC.C to cause the issue of prepaid solution, and collecting payments from you on behalf of Cuscal via a third party payment processor, Mint Payments Limited (this will appear on your statement in Groupee’s name).
Services and charges
- Your use of the App will be charged at the price specified via the App or on the Groupee website time to time.
- Groupee may change the price for any features or services at any time by publishing a notice via the App or on Groupee’s website.
- Groupee may change or discontinue any features or services on the App in part or in whole at any time or from time to time. You are not entitled to a refund as a result of any such change.
- All intellectual property in relation to content on the App belongs or is licensed to Groupee or its affiliates. You obtain no interest in that intellectual property. All content on this App may be protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
- All rights not expressly granted under these Terms are reserved by Groupee. Unless expressly stated otherwise or as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, or republish anything on the App without the copyright or trade mark owners’ permission.
- The Groupee name, the Groupee logo, and identifiers of Groupee are registered trade marks or other intellectual property of Groupee or its related bodies corporate. Other trade marks may be displayed on the App from time to time. These may belong to third parties. Nothing displayed on the App is construed as granting any license or right of use of any logo or trade mark displayed on the App without the express written permission of the relevant owner.
Liability & Indemnity
- Groupee do not exclude any rights, remedies, guarantees, conditions or warranties in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, Groupee excludes all other rights, remedies, guarantees, conditions and warranties in respect of your use of the App whether based in statute, common law or otherwise, to the extent permitted by law. To the fullest extent possible:
- Groupee does not warrant the accuracy of the content on the App. Any content is provided to you “as is” and on an “as available” basis and on the condition that you take all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the App may be changed at our sole discretion and without notice.
- Groupee has no responsibility or liability in relation to any loss or damage that you incur, including loss of profits, interruption of business, loss of data on your information handling system or other damage to your software or hardware, arising from your use of or access to this App, except as set out in these Terms. If you acquire products or services from Groupee, then the terms and conditions and Groupee’s liability in respect of those products or services will be set out in the relevant documents relating to those products or services.
- Groupee does not warrant that functions contained in the App content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Groupee or the server that makes it available, are free from viruses or bugs.
- Groupee does not warrant any outcomes from your use of the App.
- You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the App or the content or material on or accessible through the App.
- To the extent permitted by law, Groupee’s liability for any breach of a term or condition implied by law is limited at Groupee’s discretion:
- if the breach relates to goods, replacing, repairing or supplying goods equivalent to those goods or paying the cost of replacing or repairing them or acquiring equivalent goods: or
- if the breach relates to services, resupplying, or paying the cost of resupplying, those services.
- You indemnify Groupee and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the App.
- Groupee may arrange for third parties to provide the whole or part of the supply of products and services to you. You must not bring any claims or actions against such third parties in this regard.
Third Party Content & Links
- This App may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this App should be construed as granting any licence or right for you to use that content.
- This App may include links to third party apps, websites and advertising which are not related to Groupee and in relation to which Groupee has no control or interest. The appearance of those links or advertising on this App does not indicate any relationship between Groupee and that third party or any endorsement by Groupee of that third party, its App or the products or services which appears on this App. You should take appropriate action to ensure that your access to, and use of this App and other websites or apps is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.
Terms of supply of services and refunds
- These Terms apply to any supply via the App.
- You must pay the price specified in respect of all services purchased on the App before any services will be supplied to you. Prices are in Australian dollars and include GST, except where specified otherwise.
- Once you have received the service, no refund is available on those services. This does not impact on any rights you may have in respect of goods or services purchased from third parties using the App.
- Where goods or services are provided by a third party (even where promoted on the App), that third party is solely responsible for those goods or services.
- You must not use this App for any purpose or in any way which is unlawful. You must not attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App. You must not modify, adapt, translate or reverse engineer any part of the App or re-format any portion of the pages comprising the App, except to the extent expressly permitted by these Terms or by law.
- These Terms are governed by and interpreted in accordance with the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
- If any part of these Terms is unenforceable, this will not affect the enforceability of any other part of the provision or any other provision deemed invalid, that part will be severed from these Terms and the remainder of these Terms will continue to be valid and enforceable.
- The benefit of these Terms may not be dealt with in any manner by you (whether by assignment, novation, sub-licence or otherwise) without our written consent. We may assign, novate, sub-license or otherwise transfer our rights in respect of these Terms without your consent.
- We may terminate or suspend your use of the App with or without notice at any time and without any liability to you. Upon any termination your right to use the App, and any other rights or permissions granted to you in these Terms, will end and you must stop using the App and delete it from your device.
- You agree that we may collect and use personal information about you and information to assist us to identify the device upon which you use the App, (such as your device’s IP address, operating system and your email addresses) when you engage in transactions and interactions regarding the App. The purpose of this collection is to enable us to supply services to you and provide to you information regarding updates to the App. We will not provide to any third party any personal information about you except as expressly or impliedly permitted under these Terms or as otherwise permitted or required by law.
- Where you are required to pay to purchase goods or services from us, we will also collect personal information such as credit card information which we may share with services providers (including IN.C.C Payments Pty Ltd, Cuscal Limited, Mint Payments Limited, First Data Merchant Solutions Australia Pty Ltd and related bodies corporate of those entities) in order to process your transaction.
- We may make your details or information obtained from you or your device available to third parties for advertising purposes. We won’t pass ownership or management of the database details to third parties but we will let advertisers use such information for the purposes of targeting advertisements to you.
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