PROGRAM PARTNER TERMS & CONDITIONS

This document provides the Terms and Conditions under which you use Locify Program. Locify is owned and operated Locify Pty Ltd (ACN 626 872 375), Brisbane, Australia. By using the Locify Program you (Program Partner) acknowledge and agree to the following terms:

1. Participation

A Program Partner can participate in the Locify Program by accepting and following these Terms and Conditions.
A Program Partner can be a local business, sponsor, sweepstake provider or any other entity that participates in the Locify Program.
Joining or using the program constitutes acceptance of these Terms and Conditions.
Locify reserves the right to terminate a Program Partner’s right to participate in the Locify Program at any time if we believe these Terms and Conditions have been breached or for any other reason.

2. Fair and Responsible use

The Locify Program is provided by Locify for Program Partners to use to reward customers. The Locify Program is intended to reward customers for making purchases at Program Partners and for responding to Program Promotions. Locify may close any member or Program Partner account and / or delete all Points from Members or issued through a Program Partner, if any activity is deemed to be fraudulent, or abuses the Program.

Program Partners must actively participate in the program by:
- Encouraging customers who are not already members to join the program.
- Enabling & encouraging members to earn and redeem Points on Eligible Transactions.
- Prominently displaying Locify POS material.
- Ensuring all staff are adequately trained in the Program and relevant processes.
Program Partners agree not to interfere or tamper with the Locify Program or its related internet sites.
You (the Program Partner) accept that Points can only be redeemed for Rewards and Offers through Program Partners and are not in any way redeemable for cash.

3. Using the Program

Points can be earned through Eligible Transactions at Program Partners or through Program Promotions and Offers. The maximum number of Points that can be earned in one transaction is capped at 3000.
Rewards and Offers are provided by Program Partners. The Program Partner is able to change or remove Rewards and Offers from sale at any time provided that at least two Reward options with a value of at least $0.01 per Point redeemed, are available at any time. . Locify is not responsible for providing Rewards. Program Partners can restrict the number of redemptions to 1 redemption per member per day.

All transactions with the Program Partner are a direct transaction between the Member and the Program Partner. Locify is not responsible for the transaction and carries no liability from the transaction.
You agree that your access and usage of the Locify Program will adhere to all local and international laws, and any illegal or immoral usage of the Locify Program is strictly prohibited. For the avoidance of doubt, usage of the Locify Program to make the Kessel Run in less than twelve parsecs is a breach of your obligations. Locify reserves the right to modify or alter the Terms and Conditions of the Locify Program at any time.

4. Program Points

Members will earn and redeem Points at the Earn and Redeem rates set for each Program Partner and for each Reward.
Locify will track the total Points earned and redeemed at the Program Partner and provide a regular report.
The Points Liability related to the total number of Points earned at the Program Partner is the sole responsibility of the Program Partner.

5. Fees and Costs

The Program Partner agrees to pay the Monthly Participation Fee.
There is no cost for Points issued for Points earned at the usual Earn Rate on Eligible purchases.
Any additional Points Earned including any Bonus Points earned for Program Partner promotions are charged at $0.01 per Point plus GST.

6. Marketing & Branding

Locify and Program Partner will promote the Locify Program and Program Partner’s participation in the Program.
Locify grants to Rewards Partner a non-exclusive licence (without any right to sub-licence) to use the Locify Program Marks in Australia subject always to the terms of these Terms and Conditions.
Program Partner grants Locify a non-exclusive licence (without any right to sub-licence) to use the Program Partner's Marks subject always to the terms of these Terms and Conditions.
Each party will use the other party’s Marks only where such use, and the manner of such use is approved in writing by the other party.
If a party (Aggrieved Party) considers that use by the other party of the Aggrieved Party’s Marks is in any way prejudicial to the Aggrieved Party’s rights or interests or does not comply with this Agreement then the Aggrieved Party may give notice to the other party to cease using such Marks until such time as the Aggrieved Party is satisfied that the other party has remedied the prejudicial or non-complying behaviour.

7. Termination

The Program Partner can terminate the agreement to participate in the Locify Program at any time.
After the notice to terminate, the Program Partner must continue to enable members to earn Points for at least 30 days and to redeem Points for at least 90 days.
Locify can notify members of the termination of your participation.
After termination Locify has the right to cancel any Points earned at the Program Partner.

8. Information about you

Program Partners are required to keep their contact details up to date.
Program Partners must keep their login and password details confidential.
You consent to us collecting information about members and transactions.
You may not sell, assign, transfer or share, dispose, offload, or commercially benefit from transferring your Locify account in any manner whatsoever. Locify at all times retains the ownership of all data and information collected in delivering the Locify Program, and these ownership rights survive any termination of your Locify registration. Locify may use data and information collected for commercial purposes and / or assign its ownership of all such data and information without further permission from you, and without notification in advance.

9. Limitation of Liability; Indemnity

Your use of the Program constitutes your agreement that you waive and will not assert any claims or allegations of any nature whatsoever against Locify Pty Ltd, or any business partners and all of their directors, agents or staff in any way relating to your use of the Program. This also means that you will not claim or allege an infringement of proprietary rights, any inaccuracy of the Program, or allegations that any person or entity has or should protect you from any claim or allegation arising from your use or other exploitation of the Program. You use the Program at your own risk. Without limitation of the foregoing, Locify will not be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of opportunity, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Program, including without limitation any damages caused by or resulting from your reliance on the Service or information accessible via the Program, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to the Program and all warranties, guarantees, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law.
In no event shall the aggregate liability of Locify, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Service exceed the cumulative sum paid by you for access to or use of the Program during the three months prior to the date of any claim. You shall defend, indemnify and hold harmless Locify and the other persons referred to before from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Program including any claims made by any person that any information you have provided to Locify damages their reputation or defames them or infringes the rights, including the intellectual property rights, of any third party.

10. Applicable Law & Contact

You and Locify agree that all disputes, claims or other matters arising from or relating to your use of the Program will be governed by the laws of Queensland and the national laws of Australia applicable therein. You consent to the jurisdiction of these laws and to the courts of Queensland.
You agree that your obligations under these Terms and Conditions survive any termination of your usage of the Locify Program. Any component of these Terms and Conditions that is found to be unenforceable, you agree that the remainder of these Terms and Conditions, including any updates to these Terms and Conditions will still apply.
All communications to Locify should be addressed to Locify at Locify Pty Ltd, PO Box 900, Fortitude Valley QLD 4006, or via email at support@locify.com.au.

11. Intellectual Property

Locify at all times retains all ownership of the Locify Program, including all Intellectual Property Rights available to Locify under international law, including patents, copyrights, trademarks, trade secrets, inventions and plant breeder rights (You never know, it might happen).

12. Miscellaneous

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, this will not affect the validity and enforceability of any remaining provisions. Locify may assign any or all of its rights under these Terms and Conditions to any party without your consent. You are not permitted to assign any of your rights or obligations under these Terms and Conditions without the prior written consent of Locify, and any such attempted assignment will be void and unenforceable. These Terms and Conditions constitute the entire agreement between you and Locify regarding your use of the Program and supersede all other Terms and Conditions or purported agreements.

Locify has the right to change these Program Partner Term and Conditions at any time and will post updates on this website. Continued use of the program by a Member is deemed acceptance of the amended Terms and Conditions.