Terms of Use

1. Eligibility to use our App
   
   1. To use the App, you must:
      
      1. be 18 years of age or older; and
      2. have downloaded the latest version of the App on a Device.
   2. If we become aware that you do not meet the criteria in clause 1.1, we may terminate or suspend your access to the App.
2. ACCESS TO OUR APP
   
   1. Subject to these Terms, you may install one copy of the App onto your Device as set out in these Terms and use it in accordance with these terms for your own personal, non-commercial use. 
   2. We may, from time to time, update or modify the features or functionality of the App to reflect developments in technology or to alter or add to existing functionality. Any available updates, enhancements and new versions of the App will become automatically available when you next access the App. 
   3. You are responsible for making all arrangements necessary to access the App and maintaining the confidentiality of your login details. You must take all reasonable precautions to keep your password confidential, including not disclosing your password to anyone else.
   4. You are also responsible for ensuring that all persons who access the App through your Device and internet connection are aware of these Terms, and that they comply with them.
3. PROHIBITED USES OF APP
   
   1. You may only use the App in accordance with these Terms.  You must not use the App:
      
      1. in any way that breaches any applicable law or regulation;
      2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. This includes, for example, by hacking into or introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful into the App;
      3. for the purpose of harming or attempting to harm individuals in any way;
      4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (including “spam”); 
      5. to attempt to gain unauthorised access to, interfere with, damage or disrupt the App, any software used in the provision of the App or any server, computer or database connected to the App, including via a denial of service attack or a distributed denial of service attack;
      6. in a way that could damage, disable, overburden, impair or compromise the App, or its systems or security, or in a way that could interfere with another user's rights, use or enjoyment of the App; 
      7. to reproduce, duplicate, copy, sell, trade, or resell the App content (including its design and look) or any output derived from the App. You are not entitled to modify or redistribute the App content (including its design and look) or any output or to reproduce, store, link, frame or deep-link it on any other App or in any other medium or format without our prior written consent; or
      8.  for commercial exploitation in any circumstances.
4. EVENTS
   
   1. You may register to host and/or attend various events through the App. 
   2. By registering to create or join a group, or to host or attend an event, you acknowledge that:
      
      1. you may participate in a potentially hazardous activity at your sole risk and responsibility
      2. you will not make use of means or behave in a way that can reasonably be considered as contrary to the Active Locals Community Guidelines or the general rules of fairness.
   3. We may screen and verify your activity and to temporarily or permanently exclude you from a particular group and/or event in general or to suspend or terminate your access to the App in case we reasonably believe that such measure is necessary to:
      
      1. satisfy any applicable law, regulation, legal process or governmental request;
      2. enforce any acknowledgements you made, including the investigation of a potential violation thereof; or
      3. protect the rights, property or safety of us and other users of the App. 
5. REWARDS
   
   1. We will make rewards available through the Application. These rewards are intended to encourage users to host and/or attend events through the App.
   2. We may, at our discretion, make different rewards available to different users based on their App engagement. For example: 
   3. The rewards platform provides incentives for users to participate in and organise events within the app. Users can progress through four reward tiers based on their engagement:
      • Users who complete their App profile will receive a Tier 1 reward.
      • Users who attend their first App event will receive a Tier 2 reward
      • Users who attend five (5) App events will receive a Tier 3 reward
      • Users who host an App event, which has more than three (3) attendees, will receive a Tier 4 reward.
   4. We will, at our discretion, determine what Tier 1 to Tier 4 rewards will comprise from time to time. 
   5. Rewards will ordinarily comprise discounts on health, wellbeing and lifestyle products and services provided by third-party partners.
   6. We may at any time, without advance notice to users, offer additional or otherwise limit, change, suspend or terminate the availability of any reward through the App. 
   7. We give no warranty as to the ongoing availability of the App, the rewards program within the App or any rewards earned therein.
   8. There are no limits to how many rewards a user can earn. While rewards themselves do not expire, the availability of specific offers may change over time, depending on the offerings of third-party partners
   9. Depending on the Reward Partner, users will be required to access rewards in different ways. This may involve clicking on a website link, using a discount code, completing a registration process, or other processes as specified by us and/or the Reward Partner through the App.
   10. Rewards cannot be exchanged for cash.
   11. Additional terms and conditions applicable to rewards may be specified by us and/or the Reward Partner in the App from time to time and may include terms and conditions related to eligibility, redemption and expiry.
   12. When you redeem a reward provided by a Reward Partner, you you acknowledge and agree that you enter into a separate contract with the Reward Partner for the provision of the goods or services, and agree to be bound bythe terms and conditions of the Reward Partner.
   13. For any issues with orders placed via Reward Partners, including cancellations, refund requests, delayed or missing orders or damaged goods, the Eligible Member must contact the Reward Partner to address those issues.
6. INTELLECTUAL PROPERTY RIGHTS
   
   
   1. You acknowledge and agree that we and our licensors are the owners of and will retain all rights, title and interest in all Intellectual Property Rights in: 
      
      1. the App; 
      2. any improvements, enhancements or modifications to the App; and
      3. all data, content and other Intellectual Property Rights derived from or created by the App (other than your User Data). 
   2. You grant us a non-exclusive, non-transferable, perpetual, royalty-free licence to use the User Data for the purpose of making the App available to you and for the purpose of making any improvements to the App. 
   3. You must not:
      
      1. remove any copyright, trade mark or other Intellectual Property Rights legend from the App; 
      2. make use of any of our trade marks or other Intellectual Property Rights in any manner unless we have given you express written permission to do so; or
      3. to copy, duplicate, reverse engineer, reverse compile, disassemble, record or otherwise reproduce all or any part of the App.
7. PRIVACY AND DATA PROTECTION
   
   
   1. We will contact you about the App, App events and rewards (including push notifications if you have enabled them on your Device settings):
      
      1. through the App, including push notifications
      2. By email.
   2. If you do not want to receive communications about the App, you can opt out by switching off notifications through the Application or Device, deleting the Application. If you opt out you may no longer be notified of App events or rewards. 
   3. ‍
   4. We will handle personal information about you in accordance with the HCF Group Privacy Policy available at www.activelocals.com.au/privacy. 
   5. By using the App, you agreed that we will collect and process your personal information in accordance with the HCF Group Privacy Policy and you warrant that all the information you provide is up to date and accurate. 
   6. It is a condition of your use of the Application that if you redeem a Reward Partner offer you consent to:
      
      1. HCF (and its Reward Partners) using your personal information to operate and provide you with such rewards; 
      2. HCF (and its Rewards Partners) using your personal information for the purposes described in its (and their) privacy policy; 
      3. HCF (and its Reward Partners) sharing your personal information within the HCF Group and with Reward Partners (some of whom may be overseas), as described in its privacy policy; and 
      4. HCF (and its Reward Partners) exchanging, collecting and using personal information relating to you and the Application, to provide you with rewards.
   7. You may access or correct your personal information held by HCF, or make a complaint about its privacy practices, as describes in the HCF Group Privacy Policy.
   8. HCF may provide information about App users to its Reward Partners, and Reward Partners may provide information to HCF about rewards App users access through them.
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8. WARRANTIES AND DISCLAIMER
   
   1. By downloading the App, you warrant that you:
      
      1. are legally capable of entering into binding contracts either on your own behalf; 
      2. are not a person barred from accessing the App according to the applicable law; and
      3. will comply with these Terms.
9. TERMINATION AND SUSPENSION
   
   1. Either party may terminate this agreement immediately at any time, with or without notice, if the other party has materially breached these Terms.
   2. You may terminate this agreement, at any time, by deleting the App from all Devices you have installed it on.
   3. If this agreement is terminated for any reason you will delete the App from your Device and we have the right to block your access to the App.
   4. Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use the App, and may result in our taking all or any of the following actions:
      
      1. immediate, temporary or permanent withdrawal of your right to use the App;
      2. immediate, temporary or permanent removal of any posting or material uploaded by you to the App;
      3. issue of a warning to you;
      4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
      5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10. OUR LIABILITY
    
    1. Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred by the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.
    2. To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited at our option (where permitted by the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) to:
       
       1. in the case of goods, any one or more of the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods or the payment of the cost of having the goods repaired; or
       2. in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
    3. Subject to clause 10.1 and to the fullest extent permitted by law, you acknowledge and agree that access to and use of the App is provided on an “as is” basis and we make no express warranties in relation to the availability, ongoing functionality, quality or accuracy of outputs or performance of the App.
    4. Subject to clause 10.1 and to the fullest extent permitted by applicable law, neither party will be liable to the other party, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss, loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, and loss of use or corruption of software, data or information arising under, or in connection with your use of the App. 
    5. Subject to clause 10.1 and to the extent permitted by applicable law, our aggregate liability in respect of any claims arising out of or in connection with the App provided under these Terms, whether in contract or tort (including negligence) or otherwise, is limited to AUD $100.
11. OUR APP CHANGES REGULARLY
    
    
    1. We aim to update the App regularly and may change the content at any time.  If the need arises, we may suspend access to the App, or close it indefinitely. Any of the material or information on the App or on a third party website which you visit through the App may be out of date at any given time and we are under no obligation to update such material or information.
    2. Without prejudice to any other provision of these Terms, you agree that we are not liable to you for all and any losses arising out of any out of date material or information.
12. ADVERTISING
    
    
    1. We may, through the App (including push notifications if you have enabled them on your device settings):
       
       1. advertise HCF services, offers and promotions available to you. The terms that apply to such offers will be notified to you; and
       2. include advertising by third parties, where the App contains third party advertising that links to websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them, their content, or for any loss or damage that may arise from your use or consideration of them.
    2. With your consent, we may also use your personal information to contact you from time to time (by email, phone, push notifications) to tell you about new products or services and special offers that we believe may be of interest to you (Direct Marketing). They may be offered by us, our related companies or our business partners. 
    3. You can withdraw your consent (opt out) to receive Direct Marketing from us at any time by unsubscribing by clicking on the opt-out link in the marketing communication you receive or changing your profile settings in the App. You can also contact us to opt out using the contact details in the HCF Group Privacy Policy.  
    4. The App may contain links to websites or other apps which we or our partners own, or websites or apps of our partners or third parties. If you follow any of these links, the websites, apps and services provided through them will have their own privacy policies and terms of use. We do not accept any responsibility or liability for these or their collection and use of any personal information as a result of your use of the App. Please review the relevant privacy policies and terms of use before providing any personal information, or using their websites, apps and services.
13. CHANGES TO THESE TERMS
    
    
    1. We may, from time to time amend these Terms. We will endeavour to provide you with prior written notice on the App or your email of any such amendments. If you do not agree with any amendments to these Terms, you may stop using the App any time by deleting your profile from the App or deleting the App from your Device.
    2. You agree that if you use our Services after the date on which such changes to the Terms have occurred, we will treat your use of our Services as acceptance of the changed Terms.
14. APPLE TERMS
    
    
    1. This clause 15 only applies if you access the App through Apple's App Store ("App Store”)
    2. You acknowledge and agree that:
       
       1. this agreement is between you and HCF and not with Apple and that, as between HCF and Apple, HCF is responsible for the App and the content;
       2. the licence granted to you under clause 2.1 to use the App is non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via ‘Family Sharing’ or volume purchasing;
       3. HCF, and not Apple, is responsible for:
          a. providing any maintenance and support services with respect to the App;
          b. any express or implied warranties to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HCF’s sole responsibility;
          c. addressing any claims you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:
               (i) product liability claims;
               (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
               (iii) claims arising under consumer protection, privacy, or similar legislation; and
          d. the investigation, defense, settlement and discharge of any such claim in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights;
       4. you must comply with applicable third party terms of agreement when using the App; and
       5. Apple and its subsidiaries are third-party beneficiaries of this agreement and Apple has the right (and will be deemed to have accepted the right).
    3. You 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.
15. GOOGLE PLAY STORE TERMS
    1. This clause 16 only applies if you access the App through the Google Play Store.
    2. You acknowledge that:
       
       1. these Terms are between you and HCF only, and not with Google, Inc. (“Google”);
       2. your use of the App must comply with Google’s then-current Google Play Store Terms of Service;
       3. Google is only a provider of the Google Play Store where you obtained the App;
       4. HCF, and not Google, is solely responsible for the App;
       5. Google has no obligation or liability to you with respect to the App or these Terms; and
       6. Google is a third-party beneficiary to these Terms as it relates to the App.
16. GENERAL
    
    
    1. These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms.
    2. A party must do all things and execute all documents that are reasonably necessary to give full effect to these Terms.
    3. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non contractual disputes or claims) shall be governed by and must be construed in accordance with the laws in force in New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
    4. If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain unaffected and
17. DEFINITIONS AND INTERPRETATION
    1. In addition to the capitalised terms defined elsewhere in these Terms, the following terms shall have the meanings set out below.

“Device” means a smartphone or any other device on which the App may be accessed, as determined by us from time to time;

"Intellectual Property Rights" means (i) patents, pending patent Apps, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) Apps, extensions and renewals in relation to any such rights; 

"Reward Partner" means an entity that has entered into an agreement with HCF to provide its members with offers and rewards through the Application; and

“User Data” means all data supplied or made available to us by you in connection with this agreement which may comprise personal information.