Terms Of Use

1 Acceptance of Terms of Use

1.1 This website, app, platform and any service offered under the name “MyDriveHero” (“Platform”) is operated and owned by B Safe Australia Pty Ltd (ACN 646 787 751) and its related entities or body corporates (“us”, “we” and “our”).

1.2 Your use of this Platform is subject to these terms of use (“Terms of Use”). The Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Platform constitutes your acceptance and acknowledgement of these Terms of Use, our Privacy Policy, and any other policy displayed on the Platform, all of which constitute a part of the Terms of Use. If you do not agree to the Terms of Use, you must not use the Platform.

1.3 We may amend or modify the Platform, the Terms of Use and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective 14 days after publication on the Platform. Your continued use of the Platform indicates your continued acceptance of the Terms of Use as modified.

1.4 These Terms of Use will prevail over any other terms or agreement between you and us.

2 Definitions

2.1 In these Terms of Use:

(a) Your Content means any content whatsoever which you upload to the Platform, including without limitation any information uploaded or created in relation to any Rewards). (b) Booster Pack has the meaning given to it in clause 8.1.

(c) Copyright Act means Copyright Act 1968 (Cth).

(d) Minor means a person under the age of 18.

(e) Personal Information means any personal information used to identify an individual such as name, email address and any other details.

(f) Platform means this website, app, platform and any service offered under the name “MyDriveHero”. (g) Points has the meaning given to it in clause 6.1 (h) Premium Subscription Term has the meaning given to it in clause 7.1. (i) Premium User Subscriptions has the meaning given to it in clause 7.1.

(j) Price means, for each relevant Reward, the price set out on the Platform.

(k) Privacy Policy means our privacy policy available here.

(l) Reward means a product offered on the Platform which may be purchased by redeeming Points. (m) Rewards Tab has the meaning given to it in clause 6.2. (n) Subscription Fee has the meaning given to it in clause 7.1.

(o) Terms of Use means these terms of use of the Platform which include the Privacy Policy.

(p) Third-Party Platforms means services or devices offered by other third-parties which you may use in combination with or in integration with the Platform (including but not limited to, carriers, operating systems, mobile devices, software, hardware, applications, APIs etc.).

(q) User means any user of this Platform, whether registered or not.

(r) You or your mean you, the user of this Platform.

(s) Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

(t) We, us, our means B Safe Australia Pty Ltd (ACN 646 787 751) and its related entities or body corporates.

3 Warrant of Authority

3.1 Your use of the Platform is conditional on you being over 18, or if you are a Minor then you represent that you have reviewed these Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms of Use. If you are a parent or guardian permitting a Minor to create an account, you agree to exercise supervision over the Minor’s use of our website and account and assume all risks associated with the Minor’s use of our website and their account, including the transmission of content or information to and from third parties via the Internet.

3.1 Accordingly, by using the Platform, you warrant this to us. If the above conditions are not satisfied, please cease using the Platform immediately.

4 Registration

4.1 You may be required to be a registered member to access certain features of our Platform.

4.2 When you register, you will provide us with Personal Information. Please ensure that all Personal Information is accurate and current. We will handle all Personal Information we collect in accordance with our Privacy Policy. We may disclose the Personal Information to third parties that help us deliver Rewards (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide any Rewards to you. By providing Personal Information to us, you consent to the collection, use, storage and disclosure of that Personal Information as described in these Terms of Use.

4.3 You will be required to choose a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not share your account credentials with any third party. We do not authorise anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.

4.4 You must not impersonate any other person and you must not use the Platform using anyone else’s credentials. In case you try to present yourself as another person or entity, your account may be terminated or suspended without further notice.

5 Your Content

5.1 Where the Platform allows you to upload any content to the Platform, you:

(a) agree that Your Content will be stored for you on our servers in accordance with our Privacy Policy;

(b) to the full extent permitted by law, grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use Your Content in any way (including, without limitation, by reproducing, modifying, and communicating Your Content to the public) and permit us to authorise any other person to do the same thing;

(c) to the full extent permitted by law, consent to any act or omission by us which would otherwise constitute an infringement of your moral rights under the Copyright Act in relation to Your Content; and

(d) acknowledge and agree that we may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any of Your Content submitted to or via the Platform by you.

5.2 In each instance when you upload Your Content to or via the Platform, you agree to not add any of Your Content:

(a) unless you hold all necessary rights, licences and consents to do so;

(b) that may result in you or us breaching any law, regulation, rule, code or other legal obligation;

(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;

(d) that would bring us or the Platform into disrepute;

(e) that infringes the rights of any person;

(f) that you know (or ought reasonably to suspect) is fraudulent, false, misleading, untruthful or inaccurate;

(g) that contains unsolicited or unauthorised advertising (including junk mail or spam); or

(h) that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party.

5.3 You agree and acknowledge that all content on the Platform (including Your Content) may be created, modified, flagged and deleted by Us, other Users.

6 Earning and Redeeming Points

6.1 The Platform allows you to earn and receive points in accordance with the instructions set out on the Platform (Points).

6.2 Any Points you accrue while using the Platform may be used towards redeeming a Reward by in accordance with any terms and conditions on the Platform and these Terms of Use.

6.3 All Rewards are subject to availability and all orders accepted by us will be executed at your sole risk.

6.4 We reserve the right to refuse or cancel any request to redeem a Reward for any reason whatsoever, including (but not limited to):

(a) Not using the Platform in accordance with any terms and conditions on the Platform and these Terms;

(b) Providing us with incorrect or misleading Information when using the Platform;

(c) Safety concerns for other Users and the wide community;

(d) Breaking any laws; and

(e) Breaching these Terms of Use.

6.5 Rewards displayed on our Platform or otherwise disclosed may not be available or be exactly as described. To the extent permitted by law, we do not warrant that the descriptions or other content available on the Platform or otherwise disclosed are accurate, complete, reliable, current, or error-free.

6.6 Delivery

(a) Title to Goods: we retain the legal ownership of any Rewards until the latter of the dispatch of the Rewards to you or when full payment for the Rewards is received by us. The legal ownership of the Rewards will immediately revert to us if we refund any such payment to you.

(b) Delivery Timeframe: any delivery times quoted to you are indicative only. Rewards may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third-party.

(c) Risk of Loss: Risk in the Rewards will pass to you upon delivery to you.

(d) Receipt of Rewards: Upon delivery of the Rewards, you must inspect the Rewards for any shortage or quality issues. You will be deemed to have accepted the Rewards and waived the right to make any claim unless you notify us in writing within 7 days of receiving the Rewards. If we have provided you with more Rewards than what you ordered, you must also notify us and return the surplus Rewards to us (we will bear the shipping costs).

6.7 Cancellations and Returns

(a) Product cancellations and returns are only with our prior written consent, which may be withheld at our sole discretion.

(b) If you have received the wrong Rewards, any item is damaged or your order does not arrive please contact us immediately (and no longer than 7 days from receipt of the Rewards) and give a full detailed description of the problem / damage, as well as your name, contact number or email and order number. We will then determine how best to resolve your problem.

7 Premium Subscriptions

7.1 When using the Platform, you may choose to upgrade to a paid subscription (Premium User Subscription) for a particular period (Premium Subscription Term) by paying the fee (Subscription Fee) in accordance with clauses 7 and 9.

7.2 During the Premium Subscription Term:

(a) you will be entitled to earn three (3) times as many Points as general Users earn when using the Platform; and

(b) you will be entitled to exclusive Rewards when using the Platform.

7.3 The Premium Subscription Term will automatically renew on each expiration date for an additional equivalent period, and you will be required to pay the Subscription Fee for the next Premium Subscription Period. You may terminate the Premium User Subscription at any time, however such termination only takes effect as of the expiration of the then-current Premium Subscription Term. Any Subscription Fees paid are non-refundable.

7.4 You agree and acknowledge that we may cancel your Premium User Subscription at any time and for any reason. If the cancellation is not due to your breach of these Terms of Use, we will provide you with a pro-rata refund of the then-current Subscription Fees paid by you.

8 Boosters

8.1 You may purchase booster packs (Booster Pack) on the Platform which allow you to double the Points you earn when using the Platform.

8.2 If you upgrade and become a Premium User, purchasing a Booster Pack

9 Reward Advertisements

9.1 When using the Platform, you may choose to watch advertisements within the Platform (Advertisement).

9.2 Each time you watch an Advertisement, you will earn one (1) to five (5) Points per Advertisement.

9.3 If you upgrade and become a Premium User, you will earn three (3) to fifteen (15) Points per Advertisement.

10 Fees and Payment

10.1 You may be required to pay for certain features of the Platform, including without limitation Premium User Subscriptions and Booster Packs.

10.2 You agree to pay us all fees disclosed on the Platform, and that all fees are non-refundable. Fees are subject to change from time to time.

10.3 Unless otherwise stated, all fees and all transactions are in Australian Dollars. All fees are exclusive of applicable federal, state, local, or other taxes.

10.4 You may receive offers from third parties, such as discounts, sponsorships, or other benefits. We are not involved in any dealings or payments between you and third parties, and these Terms of Use do not govern such transactions.

10.5 All payments to be made must be paid using the payment service provider currently being used by us. You may be required to create an account with the payment service provider and accept their terms of use.

10.6 You agree that we may change our prices, fees, payment service provider (including, without limitation, implementing new fees or costs, increasing existing fees, or requiring that you bear any associated third-party costs or charges) at any time, except that if you are already subscribed to a Premium User Subscription, any change to a Premium User Subscription will only take effect after the end of the current Premium Subscription Term.

11 Promotions

11.1 For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

 

12 Your conduct

12.1 In using the Platform, you must:

(a) deal with us politely and with respect;

(b) strictly comply with these Terms of Use (including any policy);

(c) obey any reasonable direction issued by us;

(d) obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform;

(e) not take any action that is likely to impose upon the Platform or our (or its third-party service providers) a disproportionately large load;

(f) not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Platform;

(g) except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Platform;

13 Intellectual Property Rights

13.1 Except where otherwise indicated, we are the sole owners or licensee of all intellectual property comprised in the Platform (including all intellectual property comprised in the Platform content and any branding, logos, names etc), and nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Platform or Platform content.

13.2 You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.

13.3 You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.

13.4 You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 13 and that equitable or injunctive relief may be necessary.

14 Intellectual Property Rights

14.1 If you are a registered User of our Platform we will use “cookies” or similar technologies in order to ensure that you are able to stay logged into our Platform. Cookies help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalise/create pages on the Platform, a cookie helps us to recall your specific information on subsequent visits. When you return to the same page of the Platform, the information you previously provided can be retrieved, so you can easily use the customized features.

14.2 You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Platform.

15 Third Party Sites

15.1 The Platform may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.

15.2 You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:

(a) you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;

(b) we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and

(c) you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.

16 Third Party Platforms

16.1 In order to use the Platform, you may also use various other Third-Party Platforms.

16.2 You warrant to us that you will comply with any terms of use or legal agreements you must agree to in order to use the relevant Third-Party Platforms.

16.3 We are not liable for any loss arising in relation to a Third-Party Platform, including but not limited to:

(a) any failure of or issue with such Third-Party Platform;

(b) your breach of the terms of use for the Third-Party Platform; and

(c) your misuse of the Third-Party Platform.

17 Disclaimer and Limitation of Liability

17.1 WE EXCLUDE ALL WARRANTIES OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS OF USE.

17.2 WE EXCLUDE ANY WARRANTIES IN RELATION TO THE ACCURACY, SUITABILITY, COMPLETENESS, FITNESS FOR PURPOSE, QUALITY OR ANYTHING ELSE IN RELATION TO THE REWARDS OFFERED BY, THROUGH, OR ON THE PLATFORM.

17.3 YOU ACKNOWLEDGE THAT YOU MUST ONLY RELY ON YOUR OWN ENQUIRIES IN RELATION TO SUCH REWARDS OR ANY OTHER INFORMATION OR MATERIAL CONTAINED ON THE PLATFORM.

17.4 WE PROVIDE THE PLATFORM ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES AS TO CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PLATFORM, THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT YOU WILL NOT HAVE DISRUPTION OR OTHER DIFFICULTIES IN USING THE PLATFORM.

17.5 OUR LIABILITY ARISING IN CONNECTION WITH THESE TERMS OF USE, REWARDS OR THE PLATFORM IS LIMITED AS FOLLOWS:

(a) WE ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR REMOTE LOSS;

(b) OUR TOTAL MAXIMUM TOTAL LIABILITY ARISING IN CONNECTION WITH THESE TERMS OF USE IS CAPPED TO $1,000;

(c) OUR LIABILITY IS LIMITED TO THE EXTENT THAT YOU CONTRIBUTED TO THE LIABILITY;

(d) WE WILL NOT BE LIABLE TO ANY CLAIM COMMENCED LATER THAN 6 MONTHS AFTER YOU HAD BECOME AWARE OF THE FACTS GIVING RISE TO IT; AND

(e) OUR LIABILITY IS SUBJECT TO YOUR DUTY TO MITIGATE YOUR LOSS.

17.6 We are not responsible for any action of any third-party or User. Any dealings you have with such parties are exclusively entered into between you and them.

17.7 To the extent that legislation or other law restricts our right to exclude Warranties under these Terms of Use, these Terms of Use must be read subject to those provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms of Use, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions to (at out sole discretion):

(a) the replacement of the relevant Rewards or the supply of equivalent products;

(b) the repair of the relevant Rewards;

(c) the payment of the cost of replacing the relevant Rewards or of acquiring equivalent products; and

(d) the payment of the cost of having the relevant Rewards repaired.

17.8 All of the above subclauses are cumulative to one another

18 Release and Indemnity

18.1 To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

18.2 You agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.

18.3 In this clause:

(a) Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.

(b) Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.

(c) Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates affiliates, subsidiaries, sponsors, and other third-party partners.

(d) Relevant Matter means anything in connection with:

(i) any Rewards;

(ii) any of Your Content;

(iii) any User including any acts or omissions by the User;

(iv) any damage to property, personal injury or death;

(v) your breach of these Terms of Use;

(vi) any matter for which we have purported to disclaim liability for under these Terms of Use;

(vii) your use, misuse, or abuse of the Platform; and

(viii) your breach or failure to observe any applicable law.

18.4 You agree to promptly notify us of any such third-party claims, cooperate with all Released Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, legal fees). You agree not to settle any claim without our prior written consent.

19 Termination

19.1 These Terms of Use terminate automatically if we cease to operate the Platform for any reason (although any clauses which are reasonably intended to survive termination survive).

19.2 You acknowledge and agree that:

(a) we may terminate your access to the Platform at any time without giving any explanation without any further liability to you.

(b) we may terminate these Terms of Use immediately by notice to you in writing if you are deemed to breach these Terms of Use or associated policies in any way, in our sole discretion.

(c) Termination of these Terms of Use or your access to the Platform does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.

19 General

20.1 All notices must be in writing and must be made through the Platform or by email. Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a business day in New South Wales, in which case they are deemed to be received on the next business day in New South Wales.

20.2 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. We may assign our rights under these Terms of Use at our sole discretion.

20.3 If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

20.4 These Terms of Use are governed by the laws of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of New South Wales and all courts of appeal from there.

20.5 Any waiver of any term on these Terms of Use by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.

20.6 The contents of these Terms of Use constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.

20.7 A provision of these Terms of Use which can and is intended to operate after its conclusion will remain in full force and effect – including clauses 5, 13, 14, 15, 16, 17, 18, 19, 20 and all indemnities and releases.

20.8 If any provision of these Terms of Use is void, unenforceable or illegal, it is to be read down so as to be valid and enforceable or, if it cannot be read down, the provision is or, where possible, the offending words are, to be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions (or parts of those provisions) of these Terms of Use, unless this would materially change the intended effect of these Terms of Use.

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