SAVEFUL APP TERMS AND CONDITIONS

1. INTRODUCTION

This App (“App”) is an application designed for compatible iPhone and Android devices. It provides access to products and services offered by the Saveful Group and Third Party providers.

Your use of the App is subject to these Terms and Conditions (“Terms”). Please do not download or use the App unless you have read and understood these Terms.

References to “you” and “yours” is a reference to a person using the App.

In these Terms a reference to the singular includes the plural and vice versa.

In these Terms, words that are capitalised have the meanings as defined throughout and otherwise have the following meanings:

• "App Content" means the content available in the App including product and services information, advice, advertising, text and graphics

• "App Passcode" means any password chosen by you for the App

• "App PIN" means any numeric code chosen by you for the App

• "Mobile Device" means an electronic device in which the App can be downloaded, and includes smartphones and tablets

• "Mobile Device Passcode" means anything required to unlock a Mobile Device including a password, passcode, pattern or biometric identifier (where applicable)

• "Security Code" means App Passcode, App PIN, Mobile Device Passcode, and any biometrics login information

• "Saveful Group" means Saveful Worldwide Pty Ltd (ACN 164 032 811) and its subsidiaries and related companies

• "Third Party" refers to an entity which is not a Saveful Group entity

• "Third Party App" means an app owned and operated by a Third Party

• "Third Party Site" means a website owned and operated by a Third Party.
  

2. WHO OPERATES THE APP

Australian companies in the Saveful Group currently operate the App. A reference to "we", "us" or "our" is a reference to each of the companies of the Saveful Group either collectively or individually (depending on the context).

3. THIRD PARTY PROVIDERS

We have relationships with third party product and service providers and some of the products and services may be advertised, viewed or accessed through the App, including links to websites or apps owned and operated by a Third Party.  These services and products may either be provided under our brand or the brand of a Third Party.

App Content may be displayed within the App, it may link to our websites or it may link Third Party Sites or Third Party Apps. When you follow a link to content not included in the App, a separate browser or app will open for you to view this content. This content could be hosted on our site, a Third Party Site or a Third Party App and external websites or apps not operated or controlled by us are subject to the terms and conditions of the Third Party content provider.

You may be asked to consent to specific terms and conditions relevant for some App Content. These Terms should be read subject to any such specific terms where there is any inconsistency.

We accept no liability for any content provided by Third Parties, the provision of Third Party services or products accessed through the App or your ability to access third party websites or apps through the App. We do not guarantee the products and services available from Third Parties and accessed through the App.

Third Parties may also collect your personal information, which is addressed further below.

4. ACCESS TO THE APP

To register for the App you must select an App Passcode or use a biometric login if this functionality is available on your Mobile Device.  Security Codes enable access to your products and services and must not be disclosed to anyone.  We recommend you setup a Mobile Device Passcode on your Mobile Device itself, in addition to the App Passcode to prevent unauthorised access to your Mobile Device.

Mobile Devices logged into the App should not be left unattended and we suggest you ensure that you log out of the App when not using it and to lock your Mobile Device when it is not in use.

You should only install authorised and authentic applications on your Mobile Device and not override the software lockdown on your Mobile Device (for example, by ‘obtaining root access’ on an Android device and ‘jailbreaking’ on an Apple device).

5. RESTRICTIONS ON USE OF THE APP

The App is provided solely for our bona fide customers and registered users. You agree that you will not (either yourself or through any third party):

• use any robot, spider, screen scraper, data aggregation tool or other automatic device or process ("Automated Process") to process, monitor, copy or extract any web pages on any of our App, or any of the information, content or data contained within or accessible through our App, without our prior written permission

• use any Automated Process to aggregate or combine information, content or data contained within or accessible through the App with information, content or data accessible via or sourced from any third party

• use any information on or accessed through the App for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain

• use any device, software, process or routine to interfere or attempt to interfere with the proper working of the App or any transaction or process being conducted on or through it

• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to our App

• reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with our App or, act fraudulently or maliciously in relation to the App or software or

• copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from any of our App without our prior written permission.

6. PRIVACY

Any personal information you provide us within the App will be handled according to our Privacy Policy, the terms of which are incorporated herein by reference.

Third Parties may also collect your personal information depending on your interaction with them within the App. Third Parties collect your personal information in accordance with their own privacy policies which will be available on our or their website or directly from the relevant Third Party.

If you grant the App permission to use your Mobile Device’s location information or provide your postcode, we will use and/or log this location information. This information may be shared with Third Parties to be used for security, audit, fraud and logging purposes as well as personalising some App functionality and providing you with useful information relevant to your location.

As a way of delivering relevant direct marketing content to you and curating your experience, the App utilises information we have about you, for example your product holdings and what you’ve been looking at. For instance, ‘offers’ or ‘rewards’ may be suggested based on your information. If you do not wish to receive marketing content curated in this way, you may opt-out of marketing and manage your preferences in the Settings menu. Please note this will not mean that you will cease receiving marketing material within the App, it just means any marketing you do receive will not use your information.

We accept no responsibility for the provision of Third Party privacy statements to you through the App.  We may also enter into arrangements with a Third Party who will provide access to benefits programs operated and owned by them. We are not liable for any offers and rewards programs owned and operated by a Third Party which is accessible through the App.

Opting out of direct marketing does not make you anonymous. The App does not allow anonymous use.

7. GENERAL

The information provided in the App has been provided in accordance with Australian laws only.

The law applicable to the App, and to any complaints arising from the App is the law in force in the State of Victoria, Australia. By using the App, you irrevocably submit to the jurisdiction of the courts of the State of Victoria, Australia and any courts which have jurisdiction to hear appeals from such courts.

Should any term or part of these App Terms be found to be void, unenforceable or invalid, then it is severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.

Any fees and charges that apply to your products or services accessible via the App will continue to apply through your use of the App. You may incur charges from your mobile service provider for downloading and using the App. We are not liable in respect of these charges and we recommend you check with your service provider prior to using the App.

Fees and charges may be varied at any time without notice except where notice is required under any law in which case we will give you the required notice. Government charges, taxes and duties may also apply.

Terms and conditions apply to all products and services described in our App and may be varied at any time without notice (where permitted by law).

Whilst reasonable steps have been undertaken to ensure that App Content is free from error, to the extent permitted by law, we do not warrant the accuracy, adequacy or completeness of App Content. All information is subject to change without notice. We do not guarantee that any App Content, linked external websites or any Third Party Site or any Third Party App will be free from viruses, or that access to any App Content, linked website or any Third Party App will function as intended or be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.

Since electronic services are subject to interruption or breakdown, access to App Content is offered on an "as is" and "as available" basis only. We may impose limits or restrictions on the use you may make of App Content, features and functionality. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, we may vary or withdraw any App Content, features or functionality or part thereof) at any time and without notice to you.

Subject to any responsibilities implied by law and which cannot be excluded, the Saveful Group and our directors, employees, agents, contractors are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any App Content, Third Party Site content, Third Party App content, Third Party services, or access (or lack of access) to any website operated by any Saveful Group entity by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

Unless otherwise stated, these Terms and/or your access to the App may be terminated at any time by us and for any reason (including upon decommissioning of the App). You may terminate your use of our App at any time. However, all restrictions, and all disclaimers and exclusions of and limitations on our liability, will survive any termination.

Upon termination of these Terms and your right to access to our App, you must not directly or indirectly access or use any part of our App.

App Content is either owned or licensed by us and is protected by copyright laws in Australia and overseas.

Except where necessary for and incidental to viewing or using the App Content via Mobile Device or App Content via your web-enabled browser or as permitted under the Copyright Act 1968 or other applicable laws, no App Content may be reproduced, published, stored (for any period of time) in an electronic or other retrieval system, adapted, uploaded to a third-party location, framed, performed in public or transmitted in any form by any process whatsoever without our specific written consent.

The App includes trademarks which are protected by law. We reserve all copyright and other legal rights with respect to our respective trademarks, whether registered or otherwise.

We reserve the right at any time to vary these Terms for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of our App, by publishing the varied Terms on our website or through the App. You accept that we provide you with sufficient notice of any variation by making available the current version of the Terms through the App, unless otherwise required by the law. By your use of the App after any variation, you are taken to have accepted the Terms.