yesloyal

Platform Terms and Conditions of Use


  1. About the Platform
    1. Welcome to yesloyal. yesloyal facilitates interactions between: people looking to join a loyalty program offered by a business (the ‘User’); and businesses offering a loyalty program as part of their business (the ‘Provider’). The platform includes the mobile application (the ‘Application’), www.yesloyal.com (the ‘Website) and any tools for Providers, such as subdomains and web portals (the ‘Platform’) which combine to facilitate the offering of loyalty programs by Providers to Users (the ‘Services’). The Services include, but are not limited to, memberships (the ‘Memberships’), membership benefits (the ‘Membership Benefits’), loyalty points (the ‘Loyalty Points’), reward cards that can be purchased or claimed on the Application (the ‘Reward Cards’) and rewards set by the Provider (the ‘Rewards’).
    2. The Platform is operated by New Modo PTY LTD (ABN 17 619 035 004) (‘New Modo’). Access to and use of the Platform, or any of its associated Services, is provided by New Modo. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform, or any of its associated Services, immediately.
    3. New Modo reserves the right to review and change any of the Terms by updating this page at its sole discretion and you agree to be bound by same. When New Modo updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms.
  2. Acceptance of the Terms
    1. You accept the Terms by using or browsing the Platform.
  3. Registration to use the Services
    1. In order to access the Services, you must first register for an account through the Platform (the ‘Account’).
    2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      • Email address
      • Full legal name
      • Mobile number
      • Date of birth
    3. You warrant that any information you give to New Modo in the course of completing the registration process will always be accurate, correct and up to date.
    4. Once you have completed the registration process, you will be a registered User of the Platform and agree to be bound by the Terms.
    5. Each person may only register one User Account for use.
    6. You may not use the Services if:
      1. you are not of legal age or have legal capacity to form a binding contract with New Modo;
      2. you do not agree to be bound by the Terms;
      3. you provide incorrect or outdated information about yourself to New Modo; or
      4. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  4. Your obligations as a User
    1. As a User, you agree to comply with the following:
      1. you will use the Services only for purposes that are permitted by:
        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      2. you have the sole responsibility for protecting the confidentiality of your Account. Use of your Account by any other person may result in the immediate cancellation of the Services;
      3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify New Modo of any unauthorised use of your account or any breach of security of which you have become aware;
      4. access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of New Modo providing the Services;
      5. you will not use the Services or the Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of New Modo;
      6. you will not access the Services or the Platform with the intention of providing information to New Modo’s competitors;
      7. you will not use the Services or the Platform for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;
      8. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Platform without notice and may result in termination of the Services. Appropriate legal action will be taken by New Modo for any illegal or unauthorised use of the Platform; and
      9. you acknowledge and agree that any automated use of the Platform or its Services is prohibited.
  5. Memberships
    1. Membership Eligibility and Acceptance
      1. The Provider determines membership eligibility via the Platform;
      2. The Provider may accept, reject, cancel or place on hold a Membership at their sole discretion;
      3. Once you are accepted as a member of a Providers’ Loyalty Program (a ‘Member’), you agree that:
        1. You are bound by the Provider’s terms of use including for the Loyalty Program and general terms;
        2. certain information may be shared with the Provider to enable them to market and provide benefits from their business and Loyalty Program to you;
        3. you may receive updates and marketing communications from the Provider; and
      4. If a Provider ceases to offer their Loyalty Program on the Platform or at New Modo’s discretion, New Modo may cancel your Membership and/or any Loyalty Points or Membership Benefits you may be entitled to from New Modo or the Provider.
    2. Membership Benefits
      1. You must be a Member of the Provider to obtain any Membership Benefits from the Provider; and
      2. The Provider reserves the right to at any time update and change the Membership Benefits offered to Users at their sole discretion.
  6. Loyalty Points
    1. Loyalty Point Collection
      1. You must be a Member of the Provider to collect points from the Provider;
      2. You must complete a qualifying transaction, purchase or action as specified by the Provider in the application to be rewarded points;
      3. You must satisfy all point collection conditions specified by the Provider to be rewarded points;
      4. Points must be collected via the Platform, for example, via scanning a valid QR code, automatic crediting or manual issue by the Provider or New Modo
      5. The Provider reserves the right to issue bonus points to Members at their sole discretion.
    2. Loyalty Points Usage
      1. Points are only valid with the Provider from which they were issued;
      2. Points can only be used within the Platform; and
      3. Points are not redeemable for money.
    3. Loyalty Points Transfer and Expiry
      1. Points cannot be transferred or sold in any way;
      2. Points cannot be transferred between Providers in any way; and
      3. Points will be subject to expiry as specified by the Provider or New Modo.
    4. Loyalty Points Cancellation
      1. New Modo reserves the right to cancel/invalidate part or all of your Loyalty Points in the case where a Provider ceases to offer their loyalty program on the Platform.
  7. Reward Cards
    1. Reward Card Purchases and Claims
      1. Reward Cards can only be purchased using Loyalty Points or claimed without points where the Reward Card permits;
      2. Reward Card purchases are final and cannot be refunded; and
      3. Reward Cards may be only available for a limited time or quantity and availability for purchase cannot be guaranteed.
    2. Reward Card Redemption
      1. Reward Cards can only be redeemed from the issuing Provider;
      2. Reward Cards can only be redeemed by the registered User;
      3. Proof of ID may be required at time of redemption;
      4. Reward Cards can only be redeemed via methods specified in the Application;
      5. Reward Cards can only be redeemed once; and
      6. Reward Cards are not valid with any other offer as specified by the Provider.
    3. Reward Card Expiry and Cancellation
      1. Reward Cards must be redeemed with the Provider before their expiry date;
      2. The Provider reserves the right to cancel and/or replace Reward Cards that can no longer be fulfilled.
      3. New Modo reserves the right to cancel Reward Cards in the case where a Provider ceases to offer their loyalty program on the Platform.
  8. Refer-a-Friend (RAF) Program
    1. General Terms, Consent and Disclosure
      1. The Provider will set the basic terms of their RAF program which will be outlined on the platform
      2. You must have the consent of each referee for them to receive information about the RAF program prior to sending any referral link.
      3. You must not promote or market any referral link to the public at large or through any paid advertising channels.
      4. You must disclose to each referee the complete RAF offer including any benefits to you when engaging in a referral.
      5. By Participating in the RAF Program, you consent to sharing certain information to the referee (where you are the referrer) or to the referrer (where you are the referee). This information includes but may not be limited to:
        1. Personal information such as your member ID and name
        2. Transactional information such as when you have a pending or completed action on the platform related to the completion of a referral event.
    2. RAF Availability
      1. The Provider determines the availability of the RAF program for their members
      2. The Provider may introduce, update or cease their RAF program at their sole discretion
    3. RAF Eligibility
      1. The Provider determines the right for each member or prospective member to participate in their RAF program
      2. The Provider and New Modo reserves the right to cancel any pending or completed referral at their sole discretion
    1. RAF Rewards
      1. All Rewards and Reward Cards issued as part of the RAF program are subject to the same terms outlined in Section (7) Reward Cards.
      2. The availability and issuing of Rewards and Reward Cards to referrers and referees for participating in their RAF program is at the sole discretion of the Provider.
      3. Rewards and Reward Cards as part of the RAF program will only be issued once all referral completion criteria has been satisfied and verified by New Modo.
  9. Loyalty Program Additional Terms
    1. You must have a valid and complete User profile (full legal name, email address, mobile number and date of birth) to participate in each Loyalty Program, including but not limited to, gaining and using Memberships, Loyalty Points, Reward Cards and Rewards;
    2. The Provider reserves the right to specify additional Terms and Conditions for their Loyalty Program on the Platform;
    3. Any disputes regarding the Loyalty Program from each Provider will be between the Provider and the User. New Modo is not responsible and will have no liability to the Provider or the User with respect to the Loyalty Program, and further, the User shall indemnify New Modo for all and any losses sustained by New Modo as a result of or in connection with any breach by User of Clause 8.
    4. New Modo at any time without notifying the Provider reserves the right to make changes to any Loyalty Program to comply with any applicable security or statutory requirements and will determine in its sole discretion how these changes are applied; and
    5. Any violation of the Terms, the Loyalty Program, fraud or abuse in relation to Memberships, Refer-a-Friend Program, Loyalty Points, Reward Cards or Rewards will be subject to appropriate administrative and/or legal action by the relevant governmental authorities and by New Modo, including without limitation, the forfeiture of your Memberships, Loyalty Points, Reward Cards and Rewards, as well as cancellation of your Account and any future Accounts.
  10. Copyright and Intellectual Property
    1. The Platform, the Services and all of the related products of New Modo are subject to copyright. The material on the Platform is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by New Modo or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by New Modo, who grants to you a worldwide, non-exclusive, non-transferrable, royalty-free, revocable license whilst you are a User to:
      1. use the Platform pursuant to the Terms;
      2. copy and store the Platform and the material contained in the Platform in your device’s cache memory; and
      3. print pages from the Platform for your own personal and non-commercial use.
    3. New Modo does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by New Modo.
    4. New Modo retains all rights, title and interest in and to the Platform and all related Services. Nothing you do on or in relation to the Platform will transfer to you any:
      1. business name, trading name, domain name, sub-domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. right to use or exploit a business name, trading name, domain name, sub-domain name, trade mark or industrial design, or
      3. thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process)
    5. You may not, without the prior written permission of New Modo and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platform, which are freely available for re-use or are in the public domain.
  11. Privacy
    1. New Modo takes your privacy seriously and any information provided through your use of the Platform and/or Services are subject to New Modo’s Privacy Policy, which is available at www.yesloyal.com/app-privacy.
  12. General Disclaimer
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    2. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      2. New Modo will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    3. Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of New Modo make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of New Modo) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Platform, the Services, or any of its Services related products (including third party material and advertisements on the Platform);
      3. costs incurred as a result of you using the Platform, the Services or any of the products of New Modo; and
      4. the Services or operation in respect to links which are provided for your convenience.
  13. Limitation of liability
    1. New Modo’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed New Modo’s cost to  resupply the Services to you.
    2. You expressly understand and agree that New Modo, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), loss of Loyalty Points, Membership Benefits and/or Rewards Cards, any loss of goodwill, loss of expectation, or business reputation and any other intangible loss.
  14. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by New Modo as set out below.
    2. If you want to terminate the Terms, you may do so by writing to New Modo at support@yesloyal.com and requesting Account closure
    3. New Modo may at any time, terminate the Terms with you including but not limited to the following:
      1. you have breached any provision of the Terms or, in New Modo’s opinion, it appears that you intend to breach any provision;
      2. New Modo is required to do so by law;
      3. the provision of the Services to you by New Modo is, in the opinion of New Modo, no longer commercially viable.
    4. Subject to local applicable laws, New Modo reserves the right to discontinue or cancel your Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts New Modo’s name or reputation or violates the rights of those of another party.
  15. Indemnity
    1. You agree to indemnify New Modo, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on an indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
      2. any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
      3. any breach of the Terms
  16. Dispute Resolution
    1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
      1. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      4. The mediation will be held in, Sydney, New South Wales, Australia.
    4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  17. Venue and Jurisdiction
    1. The Services offered by New Modo is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
  18. Governing Law
    1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  19. Independent Legal Advice
    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  20. Severance
    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
  21. Assignment
    1. New Modo may assign their obligations and benefits under these Terms without notice to you.
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