flybuys App Terms of use

Submitted by admin on Fri, 03/06/2020 - 12:11

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General
1. By installing the Application and each time that You use the Application, You agree to be bound by these Terms of Use. You must not do anything with this Application which is not expressly permitted by these Terms of Use.
2. We may at any time for any reason and without notice modify, suspend, withdraw or terminate operation of or access to the Application including any functionalities. We may also upgrade the Application for fixes, and to add support for new functions or services.
3. We may change these Terms of Use from time to time. We suggest that You check these Terms of Use for any changes. Your continued use of the Application following any changes will mean that You accept and agree to the updated version of these Terms of Use.
Conditions of Using Application
1. As long as you comply with these Terms of Use We grant You a personal non-exclusive, non-transferable free revocable licence to use the Application for Your personal use in accordance with these Terms of Use.
2. Except as expressly provided in these Terms of Use, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, or used for any commercial purpose without Our prior written consent.
3. You will not, nor allow third parties on Your behalf to: (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create any kind of derivative works of the Application.
4. You will be responsible for any third party fees and charges incurred by You in relation to accessing the Application.
Proprietary Rights
1. All intellectual property rights in the Application are either owned or controlled by Us or the third party licensing Us to use their Content.
Security
1. The flybuys Privacy Policy forms part of these Terms of Use. By using the Application You agree, by logging into the Application using Your flybuys membership details, that We will collect data and related information about Your use of the Application and engagement in the flybuys program. This includes activation of offers, redemption of points for rewards, collection of points at Our participating partners, updatingYour details, opting into ‘boosters’ (formerly coupons received in the mail) and general engagement with the Application. Technical information and preferences about Your device, system and application software. We collect this information to provide You with the functionalities of the Application and to optimise Your user experience including to better understand your requirements and preferences for using the Application and to facilitate the provision of updates.
2. You are responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You must immediately notify Us of any unauthorized use of Your account or password, or any other breach of security.
Limitation of Liability
1. Except where prohibited by law, We will not be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of Your use of or access to the Application, or Your provision of flybuys membership details to any third party, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort, product liability or otherwise.
2. We are not liable to You for any damage or alteration to Your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
Disclaimer of Warranties
1. Other than those implied by law and which cannot be excluded the Application is provided "as is" and "as available" without warranty of any kind. We will use reasonable efforts to make the Application available at all times, however the quality and availability of the Application may be affected by factors outside Our reasonable control such as Your internet connection or other network issues.
2. To the maximum extent permitted by law We disclaim all express and implied warranties with regard to the Application including accuracy, merchantability and fitness for particular purpose.
Effects of Termination
1. Upon any termination, the rights and licenses granted to you will immediately terminate and You must cease using the Application.
Governing Law
1. The laws of the State of Victoria and the Commonwealth of Australia govern these Terms of Use.
Definitions
- In these Terms of Use:
  - Application
    - Application means the application provided by Us relating to products and services We offer and any upgrades and other software enabling use of the Application.
  - Content
    - Content means all copyright, database rights text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software code and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content and other intellectual property rights.
  - Related Bodies Corporate
    - Related Bodies Corporate has the same meaning as in the Corporations Act 2001.
  - Terms of Use
    - Terms of Use mean these terms and conditions governing Your use of the Application.
  - Us, We, Our
    - Us or We or Our means means Loyalty Pacific Pty Ltd (ABN 82 057 931 334) or its authorised representatives. Each exclusion or limitation of liability in favour of Us applies also to Coles Supermarkets Australia Pty Ltd and its Related Bodies Corporate. You means the person to which the device is registered or the person authorised to use the device, upon which the Application is installed.

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