The website and services available at www.unpacked.flybuys.com.au (the Website) are governed by these Terms of Use. The Website is operated by Loyalty Pacific Pty Ltd ABN 82 057 931 334 (“Loyalty Pacific”). In these Terms of Use, ‘Flybuys, ‘us’, ‘we’ and ‘our’ means Loyalty Pacific and any related bodies corporate.
Acceptance of Terms of Use
By accessing or using the Website you agree to be bound by these Website Terms of Use as they exist at that time, as well as our Privacy Policy (available on our website). The date of these terms is set out below. If you do not agree with these Website Terms of Use or our Privacy Policy (including any amendments to these terms and our policy) you must immediately cease using the Website.
We may amend these Website Terms of Use from time to time. You should check this page from time to time for changes. Your continued access to and use of the Website constitutes your acceptance of any revisions or changes to these Website Terms of Use.
Your Use of the Website
You agree to only use the Website in accordance with these Website Terms of Use and applicable laws. You may be held personally liable for any unlawful use of the Website.
You must not:
- use data mining or similar data gathering tools or attempt to copy any of the data available via the Website;
- upload or permit any virus or malicious code to adversely affect the Website or any associated equipment; or
- reverse engineer, decompile or disassemble or otherwise attempt to derive the source code of the Website or any part thereof.
You must not use the Website to:
- mislead or deceive others;
- infringe the rights (including intellectual property rights) of Flybuys or any third party;
- impersonate, or otherwise misrepresent your identity or affiliation with any other person or entity;
- interfere with or disrupt the operation of the Website;
- defame, abuse or harass any individual;
- collect or store data about other users of the Website; or
- violate any law.
If you think any content or material on the Website is inappropriate, inaccurate, out of date, unlawful or infringes your rights, please contact us by sending an email to infounpacked@flybuys.com.au.
Intellectual property rights
We own or license all of the intellectual property rights in the materials, information and content on this Website, including without limitation the text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of the Website. This content is protected by copyright laws in Australia and overseas.
You may access, download and print content from this Website for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the content on this Website without our prior written consent.
You must not remove any copyright or trade mark notices from any materials included in the Website.
The Website includes trade marks which are protected by law. You may not use our trade marks without our prior written consent, except to legitimately identify our products or services. You may not use any other trade marks that appear on the Website without the consent of the trade mark owner.
We reserve the right to review, edit, move or delete any content or material displayed on or through the Website at any time without notice and without liability.
Security
The transmission of information over the Internet is not completely secure or error free. In particular, emails or other communications to or from us and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means.
Emails or other communications to or from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
Liability
To the maximum extent permitted by law, we and each of our directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise as a result of using the Website or any content, information or service available on or from the Website and you release the released parties from all such claims and liability.
You indemnify and hold flybuys and its directors, officers, employees and agents harmless from and against any action, claim, liability, loss or expense relating to or arising from your breach of these Terms of Use or any law, or any activity you engage in via the Website.
The Website is provided “as is”. To the fullest extent permitted by law, Flybuys excludes all warranties, representations, implied terms and guarantees about the currency, accuracy, suitability, functionality or reliability of the Website. Without limitation, Flybuys does not warrant that:
- the Website or any of its functions will be uninterrupted or error free;
- defects will be corrected; or
- the Website or any server that makes it available is free of errors, viruses or malicious code.
In respect of any conditions, warranties and guarantees which cannot be excluded under statute, to the extent permitted by law, the liability of Flybuys for a breach of such condition, warranty or guarantee is limited (at its option) to the replacement, repair or resupply of the relevant goods or the resupply or a refund of the cost of the relevant services.
Linking and framing
The Website may contain links to other sites and may display content or information from other sites within frames on this Website. We are not responsible or liable for third party content or information, and do not warrant the accuracy, completeness, currency or suitability of that information for any purpose.
You may link to our Website provided you do so in a way that accurately indicates that the link is to a Loyalty Pacific page and is not misleading.
Use of electronic addresses
We may publish electronic addresses of our employees, officers and partners on this Website for business purposes only. The publication of those electronic addresses should not be taken as consent by such employees, officers and partners to receiving unsolicited commercial electronic messages not directly related to Loyalty Pacific.
Termination or suspension of Website
We have the right to terminate or suspend the operation of the Website (including in part) for any reason without notice and without liability. We may (without limitation) suspend the Website to conduct maintenance or implement updates.
Monitoring by Flybuys
You acknowledge that Flybuys has no obligation to monitor your use of the Website, but it has the right to do so at any time for its own business purposes, including as required to determine your compliance with these Terms of Use or to implement updates.
Privacy
Any personal information we collect about you via this Website or otherwise will be dealt with in accordance with our Privacy Policy.
We may use cookies and other technologies to identify your computer on our server and so we can track your use of this Website. In some instances cookies or other technologies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.
Entire agreement
These Website Terms of Use constitute the entire agreement between us and you with respect to the Website.
No waiver
If we do not take action in relation to a particular breach of these Website Terms of Use or our Privacy Policy, this will not be treated as a waiver by Flybuys of any right or remedy in respect of any existing or future breach of these terms or our Privacy Policy.
Governing law
These Website Terms of Use will be governed and construed by the laws of Victoria, Australia and you unconditionally submit to the nonexclusive jurisdiction of the courts having jurisdiction there.
If any provision of these Website Terms of Use is found to be invalid or unenforceable, the provision will be deemed severed from the Website Terms of Use and the remainder of the terms will continue in full force and effect.
Although Australian websites may be accessed outside of Australia, we make no representation that the content of the Website complies with the laws of any other country. If you access the Website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on Website content.
Contact details
You can contact us as follows:
Email: infounpacked@flybuys.com.au.