Member Terms & Conditions

Member Terms & Conditions

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

1. Membership

A Member is anyone that joins or uses the program.
A Member can join by providing a name and an email or mobile number at a Program Partner or with Locify directly.
Joining or using the program constitutes acceptance of these terms.
To remain an active Member of Locify Members must make at least one eligible transaction in any 18-month period. Locify may close the account and / or delete all Points from Members that do not meet this condition and are therefore considered Inactive.
Any minor joining or using the Locify Program represents that they have consent of their parent or legal guardian to join and use the Program and that the parent or legal guardian has agreed to be legally bound by the Terms and Conditions. If a Member who joined the Locify Program as a minor continues to use Locify upon reaching 16 years of age, the Member agrees to be legally bound by the Terms and Conditions.
Locify reserves the right to terminate a Member’s membership to the program at any time if we believe these conditions have been breached or for any other reason.

Members must be a resident of Australia.

2. Fair and Responsible use

The Locify Program is subject to Fair Use conditions.

The Locify Program is provided by Locify for personal use by you and may not be used for commercial purposes.
Members are required to keep their contact details up to date.
Members must keep their login and password details confidential.
Members agree not to interfere or tamper with the Locify Program or its related internet sites.
You accept that Points can only be redeemed for Rewards and Offers through Program Partners and are not in any way redeemable for cash.

Locify may close any account and / or delete all Points from an account if any activity is deemed to be fraudulent or abuses the Program.

3. Using the Program

Member’s access and usage of the Locify Program must adhere to all local and international laws. Any illegal or immoral usage of the Locify Program is strictly prohibited. For the avoidance of doubt, usage of the Locify Program to summon dragons or demons from alternate dimensions 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. Using the Program with Program Partners

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 any one transaction is 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. Locify is not responsible for providing Rewards. Program Partners can restrict the number of redemptions to reasonable usage limits.

All transactions with Program Partners 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.
Locify does not guarantee that any Program Partner will continue to be a Program Partner indefinitely. When a Program Partner ceases to be a Program Partner, Locify may after giving 30 days’ notice, delete any Points earned through that Program Partner from member accounts. The notice will be posted on the Locify website and sent to Members at the email address specified in the Member’s Membership Account.

5. Information about you

You consent to us collecting information about you. In its most basic form we require your name and a current mobile number or email address to activate an account with Locify. Any additional personal information you provide to us will be used for the purposes of providing you with relevant discounts and offers for goods and services. For more information see our Privacy Policy.

We will not sell or pass on your personal information to a third party. Program Partners will be able to contact you through the Locify Program, email, SMS or push notifications. You are able to unsubscribe from these services and businesses when you receive any communication.
We may not be able to provide our services without your personal information. For example, we may not be able to issue Points, let you redeem rewards or offers, manage your membership, or contact you.
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 Platform, 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.

6. Limitation of Liability; Indemnity

You use the Program at your own risk. Locify Pty Ltd, Locify and its Program Partners and their officers, employees, directors or agents exclude all liability for any loss, damage, claim or expense (including but not limited to indirect, incidental, special, punitive or consequential liability, economic loss, loss of profits and loss of opportunity) the Member may incur or suffer that arises directly or indirectly out of the Terms and Conditions or Locify Program (regardless of whether we have any control over circumstances giving rise to the claim or not) including termination or suspension of the Member’s Membership. This applies even if We have been informed that the liability, loss, damage or expense will or may result.

Locify Pty Ltd, Locify and its Program Partners and their officers, employees, directors or agents disclaim all warranties, express or implied, in connection with the Locify Program and the Rewards.

If Locify and/or Locify Pty Ltd is liable to the Member in any way, Locify Pty Ltd and Locify’s liability will be limited to allocating to the Member’s Locify. Membership Account the number of Points which Locify consider is appropriate in connection with the circumstances in which the relevant claim arose.

7. Offers and third parties

Locify may present to you, through various engagement channels, offers, deals, promotions, competitions etc (“Offers”) from Locify, Program Partners and third parties.
Offers redeemed and accepted by you are done so at your own risk (eg. may contain traces of nuts).
While specific offers may have special conditions otherwise, offers may not be sold, transferred, returned or exchanged in any manner or for any financial consideration whatsoever.
You are under no obligation to accept these Offers.
Offers made available to you, via the Locify Program, may differ from the offers made available to other parties. You acknowledge that you have no right to any offer that is not directly offered to you via the Locify Program, and that your rights for any such offer may include limitations as to fair use, time of access, duration of offer availability, and usage within the intent of the offer made.
Locify and / or Program Partners and all relevant third parties may withdraw or cancel any offer at any time, and has the right to cancel and withdraw any offer that has been made in genuine error by any third party, Program Partner or the Locify Program, even of the offer has been accepted, claimed or redeemed. In such an event, you agree that there is no compensation available to you, and that Locify has no obligation to replace such an offer with an alternative offer.
If you accept an Offer from a third party or Program Partner you may receive communications directly from that Program Partner or third party outside of the Locify Program. You agree that Locify is in no way responsible for any communications you receive from third parties or Program Partners outside of the Locify Program, that this acceptance by you represents a separate agreement outside of these Terms and Conditions to which Locify is not a party and where Locify has no interest, liability or control over such agreement. In such circumstances you will be requested to provide your permission for such action.
You agree that Locify takes no responsibility for the content of any offer or communication received from any third party at any time or through any channel of communication or form of transmittal.
You may opt out of any communications related to these Offers at any time and may opt out of the Locify Program at any time.

8. 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.

9. 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).

10. 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 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.

These Terms and Conditions are subject to copyright. © Locify Pty Ltd, Australia, 2019.

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