Terms and Conditions

1. Definitions

In these Terms and Conditions,
We, us, our, or Engager means Engager.Mobi Pty Ltd;
Engager also means the service operated by Engager Pty Ltd allowing clients to give rewards to Group Members for completing activities and actions;
You, your, or Member means the person who is taken to have read and agreed to these Terms and Conditions by installing and using the App, registering for the Engager service, and obtaining and redeeming Rewards;
Service means the Engager service including mobile phone App, Web Site, and associated Engager systems and networks;
Client means any business or retailer registered to participate in the Engager program and offering to give rewards to Members for completing activities and actions;
Rewards means electronic gift cards, gift vouchers, reward points, gift dollars or other stored-value balances, redeemable for goods and services. Engager Rewards have many different possible designations with the designation determining which shops accept the Rewards;
App means the mobile phone application called "Engager" that is published by us;
Web Site means the internet web site published by us with the URL of www.engager.mobi.

2. General

2.1. Your membership of the Service is conditional upon your express agreement to, acceptance of and compliance with these Terms of Service, as well as agreement to and compliance with other terms, conditions, notices and disclaimers contained elsewhere on the Engager Network.

The submission of your Engager membership application constitutes your acceptance of these Terms of Service.

2.2. We reserve the right to vary these Terms and Conditions by providing notice on the Web Site or via the App. Because as a User of the Service you will continue to be bound by these Terms and Conditions, you should periodically refer to them here to review any changes.

2.3. Using the App and Service requires a data connection to the Internet on your mobile phone. You are solely responsible and liable for the cost of the data connection and for the costs associated with any data transmitted or received by the App on your mobile phone. This includes the sending/receiving of any text SMS associated with this Service.

2.4 Content of the Network. Whilst we make every effort to ensure information or content published on the Network by us is accurate and complete, we make no guarantee that it is, and cannot be held responsible for any errors or omissions in any such information or content. Any dated information or content published by us on the Network is current at the time of publication, and we are not obliged to update or amend any such information or content.

3. Eligibility and Conditions of Membership

These conditions of membership are the primary, but not the only conditions of membership. We reserve the right to terminate your membership of the Service if you breach or fail to comply with any of the following conditions of membership:

3.1. Eligibility to join the Service

3.1.1. To be eligible to join the Service, you must:

  1. be 18 years of age or over; or
  2. if you are between 14 and 17 years of age, you must have a parent’s or guardian's permission to join.

Individuals 13 years of age or below are not eligible to join Engager.

3.1.2. You must be a resident of Australia to be eligible to join the Service.

3.2. Joining and using the Service

3.2.1. You may only apply for and use one membership.

3.2.2. You must not join nor use the Service on behalf of any other individual, including a family member.

3.2.3. You must not allow any other individual to use the Service on your behalf.

3.3 When you register you must provide us with personal details including your valid mobile phone number, email address, and full name. You agree to us keeping a record of your personal details in accordance with the Privacy Policy.

3.4. The information you provide to us must be complete, current, correct, valid and truthful.

3.5. You must keep the information that you have provided to us current and up-to-date by periodically reviewing and updating the information provided within the Profile section of the App.

4 Unsolicited messages and spam

4.1.In these Terms of Service, 'spam' means the use of email, online message boards, online chat rooms, usenet, or an electronic messaging service to send a message which:

  1. is addressed to a person with whom the sender does not have an existing relationship;
  2. is not sent with the implied or express consent of the recipient;
  3. is typically, but not always, sent or posted in excess volume;
  4. contains information that is unsolicited or unwelcome.

4.2. You must not send unsolicited messages or spam to promote the Service.

4.3. You must not use the Network or Service to send spam.

5. Unlawful use, hacking and tampering

5.1. At all times in your dealings with Engager and participating Clients you must act with integrity and honesty.

5.2. You must not use the Service in a way that is unlawful or for any purpose that is unlawful.

5.3. You must not use the Service to engage in any kind of hacking, tampering, spoofing or abuse of any system or computer network.

5.4. You must not engage in any kind of hacking, tampering, spoofing or abuse of the App or any other aspect of the Service.

5.5. If you breach any of the conditions 6.1. through 6.4. above, your account will be cancelled and you may be prosecuted for damages or expenses arising directly or indirectly out of your actions.

5.6. We are under no obligation to monitor any person's use of the Service, however we reserve the right to monitor the Service and retain and disclose information as allowed by law and requested by any law enforcement authority in any jurisdiction.

6. Privacy

6.1. We take the security and privacy of your personal and profile information very seriously. Engager has a Privacy Policy which should be read in conjunction with these Terms of Service.

6.2. Engager Profile

6.2.1. The information you provide in the Profile and Settings section of the Engager app includes personally identifiable information, such as your name, your email address and your mobile telephone number.

6.2.2. This personally identifiable information within your Engager Profile will never be sold to any third party.

6.2.3. This personally identifiable information may be shared with a third party if it is required by law. For example, if we receive a lawful direction or request from a law enforcement authority in any jurisdiction we may disclose your identity and personally identifiable information to that authority.

6.3. Engager Groups

6.3.1 Each Engager Group is individually recruited and managed by a third party company or organisation (Client). Each Engager Group offers Activities and Actions for you to complete in exchange for rewards. When you join a Group, any information that you supply (including personally identifiable information about yourself) is shared with that Client. When you complete an Action or Activity, any answers you supply (including personally identifiable information about yourself), any photo you upload, any geo-location you submit, or any other type of information you supply will be shared with the Client that manages that Group.

6.3.2. In all cases where information is shared with a Client, the sharing of such information is covered by strict legal agreements that prevent the third party from using that information more than once, or for any purpose beyond what is allowed for in the agreement.

7. Security

7.1. You must keep your Engager account password confidential at all times. We are not liable to you for any loss or damage arising out of the unauthorised use of your Engager account password.

7.2. The security of your mobile phone is your responsibility. While the App requires you to login with your mobile phone number and your Engager password, the App is designed to keep you logged in for convenience until you log out. Therefore, you are encouraged to set a password or lock on your mobile phone to prevent unauthorised use in the event that your mobile phone is lost or stolen.

7.3. If your mobile phone is lost or stolen and an unauthorised person accesses your Engager account, we cannot be held liable for any damages or situations that occur.

7.4. We will take all reasonable precautions and measures to maintain the security and integrity of the Engager App, Web Site, and systems. This includes using the very best in hardware, software, and security practices available to us. However, due to the nature of the Internet and the nature of the systems and technology available at the current time, it is unfortunate that breaches of security and hacking and tampering instances are still possible. Therefore we cannot be held liable for any loss or damage arising out of a breach of security or a deliberate and illegal attempt by any User or any Client to defraud you or us.

8. Communications from us

8.1. When you register to join the Service you consent to us sending you communications such as emails, mobile SMS messages and push notifications within the app that are necessary for us to provide the Service to you. These communications may include:

  1. verification or validation messages;
  2. account statements;
  3. important information or notices about the Service and your use of the Service;
  4. responses to a customer service enquiry you have made;
  5. notification or confirmation of any transaction you initiate;
  6. requests for additional information from you;

8.2. Because these service messages are required and necessary for us to provide the Service to you, the only way to unsubscribe from receiving service messages from us is to terminate your use of the Service by cancelling your account.

9. Rewards

9.1. As a member of the Service we will maintain against your account a balance of electronic Rewards.

9.2. Each Reward may be of a different type. The type of Reward determines the merchants that will accept the Reward and any rules or conditions that apply to that Reward.

9.3. If you are issued GiftPay rewards, you can redeem these via GiftPay at a variety of different outlets. Terms governing the use and details of GiftPay can be found at www.giftpay.com

9.4. If Rewards are credited to your account due to a human or computer error, or if Rewards are credited to your account due to the accidental or deliberate exploitation of a computer programming bug by you or by anyone else, we reserve the right to adjust or reverse the transaction without notice.

9.5. Rewards have an expiry date. This expiry date is displayed alongside the reward within your account.

9.6. Rewards have has no cash value. Rewards only have a value if you redeem it at participating Merchants in accordance with these Terms and Conditions. Rewards cannot be exchanged for cash.

9.7. Rewards are not refundable.

9.8. Each Rewards unit may only be redeemed once.

9.9. If you choose to cancel your Engager account, all of your outstanding Rewards are immediately and irreversibly forfeited.

9.10. Rewards are issued for the completion of actions according to the instructions given for each action. Reward value for each action will be set out within the App. Rewards may also be issued for successful completion of all actions within a particular activity. Rewards are only issued by Engager at the direction of the client.

10. Communication Facilities

The Engager Network contains electronic messaging and feedback systems, and other communication facilities which allow you to communicate with us, with third parties, and with individual contacts identified by you (referred to hereafter as 'Communication Facilities').

10.1. Conditions of use

It is a condition of your use of any Communication Facility and your access to the Network that you do not do any of the following:

  1. restrict or inhibit any other member from using or enjoying any aspect of the Service or Network;
  2. post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  3. post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
  4. post or transmit any material of any kind which contains a computer virus or other harmful component;
  5. post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising, unless we receive consideration or payment for such posting or promotion as part of the service we provide to our members and clients;
  6. impersonate any other person or entity;
  7. solicit donations for any person or any organisation other than a registered charity.

10.2. Penalties

If you breach any of the conditions relating to the use of Communication Facilities we may cancel your membership of the Service and nullify any outstanding rewards associated with your membership.

10.3. Cooperation with law enforcement authorities

We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any information, content or materials which violate any applicable or relevant law.

11. Errors

The App requires a data connection to the Internet on your mobile phone in order to function and to allow issue of any rewards. We will not be liable to you for any costs or refunds if you are unable to use the Service due to computer, network or mobile phone error, poor or non-existent mobile phone reception, or any other reason that prevents the App from communicating with our computer server via the Internet.

12. Copyright

12.1. All content and material on the Web Site and App is protected by Australian and international copyright law, and may also be protected as a trade mark, service mark, or under other rights and laws.

12.2. Except for the creation of a temporary copy on your computer or mobile phone which is inherent to the process of the normal use of the App or Service, the content and material referred to above may not be copied, reproduced, published, stored in a retrieval system, altered or otherwise used in any form or by any means, in whole or in part, without our prior written approval, or the approval of the relevant copyright owner.

13. Disclaimer of Warranty

You acknowledge that you have not relied upon or been induced by any representation by us and that we make no warranty or representation as to:

  1. the results that may be obtained through membership of the Service;
  2. the accuracy, reliability or otherwise of any information obtained through membership of the Service;
  3. the financial or other rewards which may be obtained through membership of the Service;
  4. the Service or Network being uninterrupted, timely or error free;
  5. the goods and/or services purchased or obtained through the Service or Network, including goods and or services offered by third parties, except where expressly indicated.

14. Limitation of liability

14.1. Consumers have rights under Australian Consumer Law including guarantees which cannot be excluded, restricted or modified. Nothing in these Terms and Conditions limits or modifies your rights under Australian Consumer Law.

14.2. Subject to clause 16.1. and to the extent otherwise permitted by law, we and our related parties and clients will not be liable to you for any loss or damage (whether direct, indirect, consequential or special) in contract, tort (including negligence) or otherwise arising out of your installation or use of the App, your use of the Web Site, a Product, or these Terms and Conditions including without limitation any loss or corruption of data, interference with or damage to your mobile phone or computer, or any interruption, delay or failure in the App or the Web Site.

14.3. We do not warrant that the App or Web Site will operate uninterrupted, secure or error-free.

14.4. You indemnify Engager, its parents, subsidiaries, and its officers, employees, agents and affiliates for all and any costs, losses, damages and expenses incurred by us as a result of any claim by any person (including you, or a Merchant) arising directly or indirectly as a result of your use of the App, Website, or Product including without limitation, claims for damage to property, death or personal injury.

15. Termination

15.1. Either party to this agreement may terminate this agreement.

15.2. You may terminate this agreement by uninstalling the App from your mobile phone and ceasing to use the service. You may also contact us to request that your account be cancelled.

15.3. We reserve the right to cancel your account and terminate your use of the Service, without notice, if you:

  1. breach or violate any conditions or requirements in these Terms and Conditions;
  2. act against the business interests or reputation of Engager or its affiliated organisations and clients, including participating Rewards Programs and participating Merchants.

15.4. If we cancel your account, any unredeemed Rewards in your account will be forfeited, and we will not be liable to you for the value of any forfeited Rewards.

15.5. We reserve the right to refuse your application to register for the Service and use the App again if we have ever cancelled your account in the past.

16. Severability

If any part of these Terms and Conditions is or becomes illegal, invalid or unenforceable, it shall not affect the validity or enforceability of any other part or provision of these Terms and Conditions.

17. Governing law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia. You submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

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