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Website Terms Of Use

WEBSITE TERMS OF USE

These terms of use set out your rights with respect to the use of our, Incent Loyalty Pty Ltd ACN 617 123 636 (Incent Loyalty, us or we), website available at www.incentloyalty.com (Website). By accessing the Website, you agree to be bound by these terms.

These terms of use (terms) are in addition to our Privacy Policy and Terms and Conditions. If there is any inconsistency between these terms and the Terms and Conditions or Privacy Policy, the Terms and Conditions will prevail to the extent of the inconsistency.

These terms operate for any activity conducted on the Website, including general browsing and the use of any feature, Account or Services.

Any capitalised term that is not defined in these terms has the meaning given to that term in the Terms and Conditions. The interpretation provisions that apply in the Terms and Conditions apply to these terms.

1.YOUR OBLIGATIONS

Without limiting any other obligation that you have under these terms, you must:

a)not access and use the Website unless you meet the eligibility requirements set out in the Terms and Conditions;

b)not act in a way which breaches these terms;

c)not engage in any action or practice that reflects poorly on us or otherwise disparages or devalues our reputation or goodwill;

d)only use or access the Website in a country or jurisdiction where use or access is lawful;

e)only use or access the Website for a legal and legitimate purpose;

f)not modify, adapt, decompile, reverse engineer, disassemble the Website or develop derivative works from the Website;

g)not remove, obscure or alter our brand or copyright notice or any other notice from any Content;

h)not use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;

i)not use the Website in a way that could damage, disable, overburden, impair or compromise the Website or our systems or interfere with other users; and

j)not disseminate malware or other malicious code that harms or subverts the Website or a user’s enjoyment of the Website by damaging, modifying, deleting, accessing (unless expressly permitted by these terms) or expropriating any data or functionality directly or indirectly related to the Website or a user’s use of the Website.

2.ACCESS, ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

a)The information on the Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Website, to the maximum extent permitted by law, we make no warranty regarding the accuracy or completeness of information on the Website.

b)Any dated information or content published by us on the Website is current at the time of publication, and we are not obliged to update or amend any such information or content. You should monitor any changes to the information contained on the Website.

c)We may, from time to time and without notice, change, add or discontinue products or services from the Website. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not accurate or up-to-date.

d)We reserve the right to restrict, suspend or terminate without notice your access to the Website, any Content, or any feature of the Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

3.LINKED SITES

Our website may contain links to websites operated by third parties (Linked Site). Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on the Linked Sites and have no control over or rights in the Linked Sites.

4.INTELLECTUAL PROPERTY RIGHTS

a) We retain sole and exclusive right, title, and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website and in all of the material (including all text, graphics, logos, audio and software) made available on the Website (Content).

b)We grant you a revocable, non-exclusive, non-assignable and non-transferable licence to use and access the Content in accordance with these terms. We can revoke this licence (or part of the licence) at our absolute discretion at any time without providing any reasons. Other than as expressly set out in these terms, your use and access of the Content does not grant or transfer any rights, title or interest in the Content to you.

c)Any reproduction or redistribution of the Content is prohibited, except to the extent permitted by law. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.

5.WARRANTIES AND DISCLAIMERS

a) Although we intend to take reasonable steps to protect the integrity and reliability of the Website, the Website is provided on an ‘as-is’ and ‘as-available’ basis. To the maximum extent permitted by law, we do not provide any warranties or guarantees (whether express or implied by law) with respect to Website, including:

I. that the Website will be uninterrupted, timely, reliable, secure, error-free or free of any virus, worm, trojan horse or other harmful component; and

II. that the Website is merchantable, fit for a particular purpose or of acceptable quality.

b) We do not guarantee the absence of breakdowns, operational failures, unavoidable delays or other similar causes. These may be caused by various factors, many of which are outside our control, including:

I. down time and scheduled maintenance;

II. outages to any public internet backbones, networks, services or other infrastructure;

III. equipment failure, including the failure of third-party systems such as international or local access systems; or

IV. any force majeure event.

c) We shall not bear any liability, whatsoever, for any damage, interference or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. You must take your own precautions to ensure that whatever you select for your use from the Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks, and should use care in reviewing messages purporting to originate from Incent Loyalty. You must always log into your member Account through the Incent Loyalty website to review your account if you have any uncertainty regarding the authenticity of any communication or notice.

6.LIABILITY

a)To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Website and/or the information or materials contained on it, or as a result of the inaccessibility of the Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

b)This provision will survive termination of your use of the Website.

7.MISCELLANEOUS

a)These terms are governed by the laws in force in New South Wales and the parties submit to the nonexclusive jurisdiction of the courts in that jurisdiction.

b)We can unilaterally vary these terms at any time. By accessing or continuing to access the Website after we have varied the terms, you will be deemed to have accepted the varied terms. It is therefore important that you review these terms regularly.

c)If any term is declared unlawful, void or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these terms.