Acceptance
We offer a platform that provides you access to rewards such as discount codes, vouchers and gift cards (Rewards) as well as access to other member benefits (Platform).
You accept these terms and conditions (Terms), including our Privacy Policy, which is available at www.ignitehq.com.au by downloading or using our Platform. These Terms will commence on the date on which you accept these Terms and will continue until the date these Terms are terminated in accordance with the Termination clause below (Term). You acknowledge that your Membership may include entry to competitions we run, and that additional terms and conditions may apply for such competitions which you must accept.
If you access or download the mobile application version of our Platform from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google App Terms of Service.
In these Terms, we, our or us means Ignite HQ Australia Pty Ltd ABN 73 647 868 102.
Signing up to the Platform
To access the Platform, you will need to create an account (Account). You must be at least 18 years old to use the Platform and create an Account.
You must provide basic information when registering for an Account, such as your name and email address and you must choose a password. You must ensure that any information you give to us when creating an account, including personal information, is accurate and up-to-date.
You are responsible for keeping your Account details confidential and you will be liable for all activity on your Account, including payments (for example, membership purchases), whether or not these were authorised by you, made using your Account details. You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.
Membership
When you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different features, inclusions, and membership periods as set out on our Platform.
Once you have created an Account and chosen a Membership, you agree to pay the membership fee set out on the Platform (Membership Fee) to benefit from your Membership.
For an Ongoing Membership (defined below), the Membership Fee will be charged upfront on a monthly basis on the calendar day corresponding to when you purchased the Membership (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Membership began on a day not contained in a given month. For a Fixed-Term Membership (defined below), the Membership Fee will be charged upfront for the entire Fixed-Term Membership on the calendar day when you purchase the Membership.
Your Membership will continue for the membership period set out on the Platform.
Fixed-Term Membership
Some of our Memberships may continue for a fixed period of time, for example, 1 month, 2 months, or 3 months (Fixed-Term Membership). At the end of a Fixed-Term Membership, you may purchase another Membership. While you may cancel your Fixed-Term Membership before the end of the membership period, you will continue to get access to all of the features of your Fixed-Term Membership for the remainder of the membership period.
Ongoing Membership
We may also offer Memberships that continue until cancelled (Ongoing Membership). We may modify the Membership Fee for Ongoing Memberships from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Membership. You may cancel your Membership at any time in the Account page / manage Memberships (or similar) section of your Account settings. The cancellation will apply to the next month and you will continue to be able to access the features of your Membership until it is cancelled.
Payment
You must not pay, or attempt to pay the Membership Fee by fraudulent or unlawful means.
Unless otherwise stated on the Platform, the Membership Fee is stated in Australian dollars.
To the extent permitted by law, the Membership Fee is non-refundable and non-cancellable once paid.
We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete and that you are authorised to use the debit card or credit card to make the payment.
Rewards
We have no liability for your use or non-use of any Rewards. We are not a party to any transaction entered into between you and any partner or merchant with whom you use any Rewards, and we have no control over the conduct of any partner or merchant, including any provision of goods or services by the partner or merchant.
You must not use any fraudulent or unlawful means to access Rewards.
Where Rewards are cash, the cash will be provided in the form of electronic funds transfer to your nominated bank account. Where Rewards are gift-cards, the gift card will be posted to the nominated address in your Account.
It is your responsibility to ensure that you use the correct payment details. We accept no responsibility for any lost or misdirected funds.
Third party sites
The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, or use Rewards to purchase goods or services via a third party, that third party provides the goods and services to you, not us.
Collection Notice
We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
We may disclose that information to third party service providers who help us deliver our Platform (including third party rewards platforms who help us provide Rewards to you, information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. By using our Platform, you consent to us disclosing your personal information to third party service providers. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Our Privacy Policy contains further information about: (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.
By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
Prohibited conduct
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including: (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights; (2) using our Platform to defame, bully, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.
Intellectual Property Rights
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
Unless otherwise indicated, we own or license all rights, title and interest (including Intellectual Property Rights) in our Platform. Your use of our Platform does not grant or transfer to you any rights, title or interest in relation to our Platform.
Unless otherwise agreed to by us, you must not, without our prior written consent: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property. For the avoidance of doubt, this clause does not limit you from promoting our Platform on your social media platforms.
This clause will survive termination of these Terms.
User Data
You grant us a limited licence to copy, transmit, store and back-up or otherwise access the information, and other data provided by you to us or inputted by you into the Platform, stored by the Platform or generated by the Platform as a result of your use of the Platform (User Data) during the Term and for a reasonable period after the Term to: (1) supply our services (including for back-ups) to you; (2) diagnose problems with the Platform; (3) develop other services, provided we de-identify the User Data; (4) enhance and otherwise modify the Platform; and (5) as reasonably required to perform our obligations under these Terms.
Analytics
We may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics available to third parties, provided that it: (a) does not contain identifying information; and (b) is not compiled using a sample size small enough to make the underlying personal information you provide identifiable.
We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.
Feedback
You agree that: (1) all Intellectual Property Rights in any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly or indirectly, in connection with the Platform (Feedback), will at all times vest, or remain vested, in us; and (2) we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.
Consumer Guarantees
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Platform which cannot be excluded, restricted or modified (Statutory Rights).
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted (including any suitability and fitness for purpose warranties in relation to the Platform and our services), except to the extent such warranties and conditions are fully expressed in these Terms.
Notice regarding Apple (required by Apple)
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our App.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our Platform infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Liability
In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform; (4) any interaction between you and any merchant or third party listed on the Platform; (5) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform, including the removal of any Reward, merchant or partner featured on our Platform; (6) the Platform being unavailable, or any delay in us providing our Platform to you, for whatever reason; (7) any illness, injury or death resulting from use of the Platform; (8) any transaction entered into between you and any merchant or partner; (9) any Rewards that you receive through the Platform; (10) any Rewards that are lost, altered, damaged, delayed or misdirected (whether or not after their receipt by you) due to any reason beyond our reasonable control; (11) any tax liability you may incur; and/or (12) any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise: (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to any recourse you may have under the Australian Consumer Law and we will have no further liability to you under these Terms, at law or otherwise; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
This clause will survive the termination or expiry of these Terms.
Third Party Inputs
You agree that the provision of the Platform may be contingent on, or impacted by, third parties or any goods and services provided by third parties, including third parties that provide us access to rewards platforms, IT services, end users, merchants, suppliers, or other subcontractors which the provision of the Platform may be contingent on, or impacted by (Third Party Inputs). Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that the benefit of the Third Party Input’s interface, or interoperation with, the Platform, is subject to your compliance with this clause.
Warranties and Indemnities
You represent, warrant and agree that: (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms; and (3) to provide all assistance, information and documentation necessary to enable us to provide the Platform and that all information you provide to us in connection with the Platform will be true, accurate and complete.
You acknowledge and agree that: (1) you use the Platform at your own risk; and (2) we do not guarantee that the Platform will be secure, timely, uninterrupted or error or virus free or that it will meet your expectations or requirements.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. You agree that it is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
This clause will survive the termination or expiry of these Terms.
Termination
You may terminate these Terms at any time via the “delete your account” (or similar) feature in your Account.
At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms, any applicable laws, regulations or third-party rights or for any other reason at our sole discretion.
If we suspend your Account or these Terms are terminated, we will immediately cease providing the Platform and our services to you, and you will not be able to access your Account.
Where your Account is deleted, your Membership will end and any Rewards will be forfeited. If you delete your Account, you may reactivate your Account at any time, however, any forfeited Rewards will remain forfeited and will not be attributed to your reactivated Account, and you will need to purchase a new Membership.
General
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Changes to the Platform and Terms: You agree that we may amend these Terms and the features of our Platform at any time. If we amend these Terms, or we make any changes to our Platform that will have a material adverse effect on you, we will provide you with written notice. By continuing to use the Platform, you agree to the amended terms. If you do not agree to the amendment, you must terminate these Terms in accordance with the Termination clause.
Competitors: You are prohibited from using our Platform in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Discontinuance: We may, with written notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent you may suffer arising from or in connection with any such discontinuance or exclusion.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other Party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either Party (by notice in writing to the other Party) to litigation. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive the termination or expiry of these Terms.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Partners: Sometimes we are offered a fee or incentive to promote particular partners or merchants on our Platform. Where we receive a fee for promoting a particular partner or merchant, we will strive to clearly indicate this on our Platform. If you have any questions about how we make money you can also contact us at the email provided below.
Publicity: You agree that we may share, on our website and on our social media channels, any images, videos or content that you share when you enter competitions run by us.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Taxes: You agree any tax liabilities you may incur as a result of redeeming Rewards are solely your liability.
Transfer: You are not permitted to transfer any Rewards accessed on the Platform to any other person.
For any questions and notices, please contact us at:
Ignite HQ Australia Pty Ltd ABN 73 647 868 102.
Email: info@ignitehq.com.au
Last update: 1 January 2024
