Terms of Service

Prior to agreeing to these terms, please feel free to reach out to Slyp to clarify any questions or request any changes you may require. Slyp will consider any requests for amendments and respond as soon as reasonably practicable.

Last updated: 26-04-2022 (v 3.1)

1. Introduction

These terms outline the terms of deployment and use of the Slyp solution into the Merchant's store network. Please read these terms carefully, as they impose obligations, liabilities and other responsibilities on you in respect of your use of the Services.

Unless the context requires otherwise, capitalised terms used in this Agreement have the meanings given to them in section 21.

2. Parties to this Agreement

These terms form an agreement between the company on behalf of whom these terms are accepted (Merchant) and Slyp Pty Ltd (ABN 19 613 031 271) (Slyp).

By registering as a merchant in Slyp's platform and agreeing to be bound by and abide by these terms, Merchant enters into a binding agreement with Slyp and agrees to the terms and conditions outlined. If the company does not accept these terms, you must not register as a Slyp merchant on behalf of that company.

3. Term

This Agreement commences on the date accepted by Merchant (Start Date) and continues until terminated by either party in accordance with this Agreement (Term).

4. Provision of Services

Slyp will perform the Services in accordance with this Agreement.
Merchant acknowledges that Slyp will only be able to provide the Services:
- once it has launched with a banking partner, which may not have occurred by the Start Date;
- once Merchant has completed all necessary onboarding through the Slyp platform; and while Merchant’s POS provider has partnered with Slyp and provides necessary Merchant Material to provide the Services.

Merchant: must not edit or change any Merchant Material required to provide the Services or prevent such Merchant Material from being sent to Merchant’s POS provider; and acknowledges that if Merchant edits or changes Merchant Material required to provide the Services, or prevents such Merchant Material from being sent to Merchant’s POS provider, Slyp may not be able to provide the Services.

5. Marketing

Each party must provide marketing support and services to the other party as agreed in writing between the parties.

6. Compliance with Laws

Each party must at all times and at its own cost comply with all applicable Laws.

7. Compliance with Slyp Policies

Merchant acknowledges and agrees that from the Start Date Merchant is subject to and must comply with the Slyp Policies (other than the Network Rules), which are incorporated by reference.
Merchant acknowledges and agrees that:
- following the Start Date Merchant will be provided with a copy of the Network Rules;
- if Merchant does not accept the Network Rules, Merchant may, by notice in writing to Slyp within 10 days of receipt of the Network Rules, terminate this Agreement with effect from the date upon which such notice is received by Slyp; and if Merchant does not notify Slyp that it does not accept the Network Rules in accordance with paragraph (b)(ii), Merchant will deemed to have accepted the Network Rules and must comply with them from the date that is 10 days after they are received. To the extent of conflict between the Slyp Policies (other than the Network Rules) and the terms of this Agreement, this Agreement will prevail. To the extent of conflict between the Network Rules and this Agreement or the Slyp Policies, the Network Rules will prevail.
Slyp will notify Merchant of any additional Slyp Policies or changes to a Slyp Policy (including the date on which those additional or updated Slyp Policies take effect). If there is any addition or update to the Slyp Policies that is materially adverse to Merchant, Merchant may, by notice in writing to Slyp, terminate this Agreement with effect from the date on which the additional or updated Slyp Policies are due to take effect.

8. Merchant Fees

8.1 Obligation to pay

If applicable, Slyp will invoice Merchant for the Merchant Fees on a monthly basis in arears, on either the first or sixteenth day of the month (at Slyp's sole discretion).

Merchant must pay to Slyp the Merchant Fees within 30 days of the date of each invoice issued by Slyp under paragraph (a).

8.2 Changes to Merchant Fees

Slyp reserves the right to review and change the Merchant Fees at any time by giving at least 30 days’ notice to Merchant.

If Merchant does not accept any change to the Merchant Fees, Merchant may, by notice in writing to Slyp within 10 days of receipt of notice of a change in Merchant Fees, terminate this Agreement with effect from the date on which the updated Merchant Fees are due to take effect.

9. GST

9.1 Defined terms

In this section 9, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that Act.

9.2 Fees GST exclusive

Any consideration to be paid or provided for a supply made under or in connection with this Agreement, unless specifically described in this Agreement as GST inclusive, does not include an amount on account of GST.

9.3 Gross up

Despite any other provision in this Agreement, if a party (Supplier) makes a supply under or in connection with this Agreement on which GST is imposed (not being a supply the consideration for which is specifically described in this Agreement as GST inclusive), the consideration payable or to be provided for that supply under this Agreement but for the application of this section (GST exclusive consideration) is increased by, and the recipient of the supply must also pay to the Supplier, an amount equal to the GST payable by the Supplier on that supply.

9.4 Reimbursement (net down)

If a payment to a party under this Agreement is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.

10. Intellectual Property Rights

10.1 Merchant Material

Slyp agrees that Merchant or its third party licensors will retain all rights, title and interest (including all Intellectual Property Rights) in and to the Merchant Material.

Merchant grants to Slyp a non-exclusive, royalty-free licence (including the right to sub-license) to use Merchant's name, logo, other branding and details of Merchant's website in Slyp and Slyp's partners’ marketing collateral (including posts on website and social media channels) during the Term and for a reasonable period of time after the end of the Term to allow Slyp time to cease such use.

Merchant grants to Slyp a non-exclusive, royalty-free, perpetual licence (including the right to sub-license) to use Merchant Material (including the Merchant Receipt Information and the Merchant Material contemplated by paragraph (b)), without attribution and without charge, for the purposes of:

performing the Services, including, after the Term, for:

administrative purposes pertaining to the Term (such as billing); and the purpose of continuing to make receipts available to Merchant's customers who used the Services to obtain receipts during the Term;

disclosing Merchant Material provided to Slyp in relation to a customer of Merchant to a third party partner of Slyp that provides services to that customer (but subject to that third party partner obtaining appropriate consent from the customer to effect that disclosure); and allowing a third party partner referred to in paragraph (ii) to use the Merchant Material for any purposes for which the relevant customer has consented to their personal information being used.

Merchant grants to Slyp a non-exclusive, royalty-free, perpetual licence (including the right to sub-license) to use the Merchant Receipt Information for Slyp’s business purposes, including:

internal enhancement of Slyp products and services;

to provide insights and analytics tools; and to produce benchmarking standards and industry insights. Merchant must obtain any third party consents or licences (including consents from individuals to whom receipts will be sent) as necessary to enable Slyp to use the Merchant Material in accordance with paragraphs (b), (c) and (d).

10.2 Slyp IPR

Slyp will retain all Intellectual Property Rights in the Slyp platform, service and all Material delivered to Merchant under this Agreement (Slyp IPR).

To the extent that Merchant needs to use any Slyp IPR to receive the benefit of the Services or Deliverables, Slyp grants to Merchant a fully paid-up, non-transferable, non-exclusive licence (without a right to sub-license) to use that Slyp IPR during the Term.

11. Information provided by Merchant

Merchant represents and warrants that the Merchant Material shared with Slyp for the purposes of Slyp providing the Services is accurate and complete.

12. Marketing collateral

Slyp may, at its discretion, provide Merchant with marketing collateral to be used in store. If Slyp provides such collateral to Merchant, Merchant must (acting reasonably) display this marketing collateral in store as soon as practicable.

13. Confidential Information and privacy

13.1 Use and disclosure A Receiving Party:

may use Confidential Information of the Disclosing Party only for the purposes of this Agreement;

must not reproduce Confidential Information of the Disclosing Party in any form except to the extent necessary for the purposes of this Agreement; and must keep confidential all Confidential Information of the Disclosing Party except: to the extent required to enjoy the benefit of the licences granted under section 10.1 or section 10.2 (as applicable);

for disclosures permitted under this section 13; and to the extent (if any) the Receiving Party is required to disclose any Confidential Information by Law or the rules of any recognised stock exchange (provided that if practicable, the Receiving Party gives the Disclosing Party prior written notice of such requirement and an opportunity to seek confidential treatment of the information).

13.2 Use and disclosure of Confidential Information

A Receiving Party may disclose Confidential Information of the Disclosing Party to its officers, directors, employees, contractors and advisors who: have a need to know for the purposes of this Agreement (and only to the extent that each has a need to know); and before disclosure have been directed by the Receiving Party to keep confidential all Confidential Information of the Disclosing Party.

13.3 Existing confidentiality arrangements

If the parties have executed a Mutual Non-Disclosure Agreement or Confidentiality Agreement (MNDA) prior to the date of this Agreement, all confidential information (or equivalent) under the MNDA will constitute the relevant party's Confidential Information under this Agreement.

14. Privacy

Slyp will process and use all personal information in accordance with Slyp's Privacy Policy (where applicable) and section 10.1. To the extent there is any inconsistency between Slyp’s Privacy Policy and section 10.1, section 10.1 will prevail. Further information about how Slyp handles personal information can be found in Slyp's Privacy Policy. Slyp's Privacy Policy also describes the information Slyp holds about users of Slyp's services, permitted access and use of data by third parties, as well as information on how to complain about how Slyp has handled personal information.

Merchant acknowledges and agrees that:

Slyp has no control over the content of the Merchant Material provided to it by the Merchant, including as to whether the Merchant Material contains sensitive information (as that term is defined in the Privacy Act 1988 (Cth)); it is Merchant’s (and not Slyp’s) responsibility to ensure that Merchant either: removes or obfuscates sensitive information from the Merchant Material that is provided to Slyp; or

has obtained all consents necessary in order for Slyp to display that sensitive information within the Services;

in the event that Merchant provides sensitive information to Slyp as part of the Merchant Material, Slyp will not be:

subject to any heightened standard of care under this Agreement with respect to the treatment of such sensitive information beyond Slyp’s obligations with respect to Merchant Material that is not sensitive information; or subject to any heightened liability, cost, or damages with respect to sensitive information beyond Slyp’s liability, cost or damages under this Agreement with respect to Merchant Material that is not sensitive information.

15. Indemnity

Merchant indemnifies Slyp and its Personnel (those indemnified), and will hold those indemnified harmless, against all actions, claims, charges, costs (including legal costs on a full indemnity basis), expenses, losses, damages and other liability that they may sustain or incur, directly or indirectly, as a result or as a consequence of:

a breach by Merchant of this Agreement; or Slyp's use of the Merchant Materials.

16. Liability

16.1 Interpretation

In this section 16, Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time.

16.2 No exclusion or limitation

To the extent that Merchant acquires goods or services from Slyp as a consumer within the meaning of the Australian Consumer Law, Merchant may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.

Nothing in this section 16 operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would:

contravene that statute; or cause any term of this Agreement to be void, (Non-excludable Obligation).

16.3 Exclusion of implied obligations

Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under this Agreement.

16.4 Limitation of liability

Except in relation to Non-excludable Obligations, Slyp’s liability to Merchant arising directly or indirectly under or in connection with this Agreement or the performance or non-performance of this Agreement and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:

Slyp will have no liability whatsoever to Merchant for any loss, harm, damage, cost or expense (including legal fees), or in the nature of special, indirect or consequential loss or damage (including, without limitation, economic loss, loss of contract, loss of profit or revenue, loss of opportunity, loss of production, production stoppage or loss of data); and the aggregate of Slyp's liability to Merchant is otherwise limited to an amount not exceeding the Merchant Fees paid by Merchant under this Agreement in the 12 months immediately preceding the claim.

In relation to Non-excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which Slyp's liability is not limited under this Agreement), Slyp's liability to Merchant for a failure to comply with any Non-excludable Obligation is limited to:

in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

17. Termination

17.1 Termination

Either party may terminate this Agreement by giving the other party at least 30 days’ notice.

17.2 Consequences of expiry or termination

On expiry or termination of this Agreement for any reason: Slyp must cease providing the Services;

Merchant must pay Slyp for those Services that have been rendered by Slyp up to the effective date of termination; and except to the extent that Slyp has a perpetual licence to use any Confidential Information of Merchant, each Receiving Party must, at the Disclosing Party's direction, either return to the Disclosing Party, or destroy and certify in writing to the Disclosing Party the destruction of, all Confidential Information in the Disclosing Party (or its Personnel's) possession or control. Termination of this Agreement does not affect any accrued rights or remedies of either party.

18. Dispute resolution

18.1 Negotiations

The parties must attempt to resolve any dispute, difference of opinion or question arising out of this Agreement (Dispute) by referring the Dispute to suitable representatives and engaging in good faith negotiations.

18.2 Court proceedings if procedure fails

If the parties cannot resolve the Dispute under section 18.1 within 30 days (or such longer period as agreed between the parties) after the Dispute is referred to them, then either party may seek any relief it considers appropriate in a court of competent jurisdiction.

18.3 Release if other party breaches

If a party breaches this section 18 in relation to a Dispute, the other party need not comply with this section 18 in relation to that Dispute.

18.4 Obligations continue

The parties must continue to perform their respective obligations under this Agreement pending the resolution of a Dispute.

19. Notices

19.1 Service of notices

Where a party is required to give another party a notice, demand, consent, approval or communication under this Agreement (Notice), such Notice must be given either by hand delivery, prepaid post, email or, in the case of Slyp issuing a notice, through the Slyp platform to the recipient's address for Notices (in the case of Slyp, the address specified above, and in the case of Merchant the address specified in the Merchant's Slyp platform account).

19.2 Effective on receipt

A Notice given in accordance with section 19.1 takes effect when taken to be received (or at a later time specified in it), and is taken to be received:

if hand delivered, on delivery; if sent by prepaid post, on the second Business Day after the date of posting (or on the seventh Business Day after the date of posting if posted to or from a place outside Australia);

if sent by email, when the sender receives an automated message confirming delivery or eight hours after the message has been sent (as recorded on the device from which the sender sent the message), unless the sender receives an automated message stating that delivery of the message failed; or if delivered through the Slyp platform, at the time the message is posted to the Slyp platform or sent to Merchant's Slyp platform account (as recorded within the Slyp platform),

but if the delivery, receipt or transmission is not on a Business Day or is after 5.00pm on a Business Day, the Notice is taken to be received at 9.00am on the next Business Day.

20. General

All monetary amounts specified or described in this Agreement are in Australian dollars (AUD) unless expressly stated otherwise.

This Agreement may be amended by Slyp by giving at least 30 days’ notice to Merchant. If Merchant does not accept the proposed changes to this Agreement, Merchant may, by notice in writing to Slyp within 10 days of receipt of notice of a change to this Agreement, terminate this Agreement with effect from the date on which the amended terms are to take effect.

Neither party may assign any of its rights or purport to novate any of its obligations arising out of this Agreement to a third party without the other party's prior written consent (not to be unreasonably withheld or delayed). Except that Slyp may transfer some or all of its rights and obligations under this Agreement to any successor to its business by merger or consolidation or to any party acquiring substantially all of the assets or business of Slyp or any Related Body Corporate of Slyp.

Neither party may make any public statement or press release regarding the terms of this Agreement or any aspect of this Agreement without the prior written consent of the other party.

Any term by its nature intended to survive termination of this Agreement survives termination of this Agreement, including sections 10, 13, 14, 15, 16, 17.2, 18, 19 and this section 20.

The parties agree that this Agreement may be executed electronically, including by checking an online acceptance box or otherwise indicating acceptance of this Agreement through the Slyp website or Slyp platform. By accepting this Agreement on behalf of a party, the accepting individual warrants that it is duly authorised to do so.

A provision or part of a provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining provisions or parts of the provisions of this Agreement continue in force. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver and does not operate as a waiver of any other or subsequent right, power or remedy.

Except where this Agreement expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties. This Agreement is governed by the law of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.

21. Defined terms

In these terms: Agreement means an agreement formed between Slyp and a Merchant on these terms. Business Day means a day that is not a Saturday, Sunday, bank holiday or public holiday in Sydney, Australia.

Confidential Information of a Disclosing Party means:

the following information, regardless of its form and whether the Receiving Party becomes aware of it before or after the date of this Agreement:

information that is by its nature confidential; information that is designated by the Disclosing Party as confidential; and information the Receiving Party knows, or ought to know, is confidential; and all notes and other records prepared by the Receiving Party based on or incorporating information referred to in paragraph (a), and in the case of Slyp, includes these terms and the Slyp Policies, but excludes information that: the Receiving Party creates (whether alone or jointly with any third person) independently of the Disclosing Party; or is public knowledge (otherwise than as a result of a breach of confidentiality by the Receiving Party or any of its permitted disclosees). Disclosing Party means the party who discloses or makes available Confidential Information to the other party or whose Confidential Information otherwise becomes known to the other party.

Intellectual Property Rights means all intellectual property rights, including the following rights:

patents, copyright, rights in circuit layouts, designs, moral rights, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have Confidential Information kept confidential; any application or right to apply for registration of any of the rights referred to in paragraph (a); and all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world (including Australia), whether or not such rights are registered or capable of being registered.

Law means any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time, the common law and equity, and any industry codes of conduct, each to the extent applicable to the performance by a party of its obligations under this Agreement.

Material means any documentation, documented methodology or process, software, information, data, branding or other material, in whatever form, including reports, specifications, business rules or requirements, user manuals, user guides, operations manuals, training materials and instructions.

Merchant Fees means the fees payable by Merchant under these terms, which (as at the Start Date) are nil unless agreed otherwise between Slyp and Merchant on or prior to the Start Date, as updated by Slyp in accordance with section 8.2.

Merchant Material means any:

Merchant Receipt Information; or other Material, that Merchant makes available to Slyp for the purpose of this Agreement.

Merchant Receipt Information means all information, including transaction, store and product catalogue information, transferred to Slyp by Merchant (or Merchant’s POS provider) for the purposes of incorporation into, or Slyp otherwise generating and delivering, a digital receipt.

Network Rules means the network rules that outline the obligations of Slyp and each merchant and issuing financial institution that participates in the ‘Slyp Network’, as those rules are amended from time to time under section 7(d).

Receiving Party means the party who obtains Confidential Information of the other party.

Services means the delivery of a digital receipt with returns and warranty features and rich product purchase information to the Merchant’s customers via bank app.

Slyp IPR is defined in section 10.2(a).

Slyp Policies means:

the Network Rules;

Slyp’s Privacy Policy; and any other policies, procedures, terms and conditions applicable to Merchant made available to the Merchant from time to time and notified to Merchant under section 7(d), as each of them is amended from time to time under section 7(d). Slyp’s Privacy Policy means Slyp’s privacy policy (as amended from time to time), which is available via https://www.slyp.com.au/privacy-policy

Go Rewards Loyalty Program

Application of the Terms of Service

‍The Go Rewards Application (the App) is provided by Slyp Pty Ltd, ABN 19 613 031 271 (Slyp, we, us or our). The App hosts various functionalities, including the loyalty program where merchant- specific loyalty programs (Merchant Loyalty Programs) are made available to customers, allowing you to accrue loyalty points at various merchants using the App (Go Rewards Loyalty Program).

This document sets out the terms and conditions applicable to a customer’s (you, your) use of the Go Rewards Loyalty Program (Terms). These Terms, in conjunction with the Slyp Privacy Policy, govern your use of and access to the Go Rewards Loyalty Program.

By downloading the App and accessing and using the Go Rewards Loyalty Program, you agree to be bound by these Terms, as updated from time to time. If you do not accept these Terms, you should cease using the App and uninstall the App from your mobile device.

Registration as a Go Rewards member

In order to access and fully utilise the Go Rewards Loyalty Program, you will need to be a Go Rewards member. To register as a member, you will need to complete the registration process submitting your first and last name, email address, and telephone number.

Am I eligible?

The Go Rewards Loyalty Program is available to any person who has:

(a) a registered Australian mobile phone number; and

(b) a mobile device capable of accessing the internet (Device).

Unique ID

Once you are registered, your mobile phone number is your unique ID used to access your Go Rewards membership.

Upon signing up to a merchant loyalty program, you will be allocated a LoyaltyID by the merchant which is your unique identification code for the relevant Merchant Loyalty program. Your LoyaltyID is personal to you, and should not be shared with anyone else.

How do I access the Go Rewards Loyalty Program?

The services and features you can access and use in the App may differ depending on the type of device you are using, the features released, and the version of the App you are using, and may change from time to time without notice to you. If we release a new version or update the App, we may require that you download or update to the new version before you can continue to access and use the App or the Go Rewards Loyalty Program.

Register for Merchant Loyalty Programs

Once you are registered as a Go Rewards Loyalty Program member, you will be able to select and register to become a member of the loyalty programs offered by our merchants through the Go Rewards Loyalty Program - we refer to these as the Merchant Loyalty Programs. You will need to complete the registration process and agree to the terms and conditions of service of each Merchant Loyalty Program (Merchant Loyalty Program Terms) that you join using the Loyalty Program.

The merchant determines the Merchant Loyalty Program Terms applicable to participation in the relevant Merchant Loyalty Program. These Merchant Loyalty Program Terms will be made available to you prior to joining the relevant Merchant Loyalty Program.

Accrual

When you make eligible purchases with the merchant, you will be entitled to accrue loyalty points in the relevant Merchant Loyalty Program in accordance with the Merchant Loyalty Program Terms. In order to accrue the loyalty points and benefits in the relevant Merchant Loyalty Program, you will need to scan your LoyaltyID at the time of making a purchase with the relevant merchant. If your LoyaltyID is not scanned at the time of the purchase, the loyalty points and benefits will not be able to be added to your account in the relevant Merchant Loyalty Program.

Once you become a member of a Merchant Loyalty Program, you will be entitled to accrue the following loyalty benefits using the App (subject to availability of such offers within the relevant Merchant Loyalty Program):

Member discounts and offers
‍These are regular discounts and offers available to you. No specific action is required by you to activate these discounts and offers beyond identifying your LoyaltyID at the time of purchase.
Always on offers
‍At times, merchants will run an offer on a specific product or category of products. These offers are available for set time periods specified in the App. No specific action is required by you to activate these offers beyond identifying your LoyaltyID at the time of purchase of the eligible product at the relevant merchant.
Boosted offers
‍At times, merchants will run points boosters where you can collect additional points per dollar spent on specific products at specific merchants. Boosted offers are available to members during a limited period (specified within the App for the relevant offer). In order to collect the additional points, you must activate the boosted offer within the App prior to purchase and identify your LoyaltyID at the time of purchase of the eligible products at the relevant merchant.

Each merchant determines the rate and manner in which loyalty points and other benefits may be earned in its Merchant Loyalty Program. Each merchant also determines which of the offers outlined above, and for how long such offers, are made available to members of the relevant Merchant Loyalty Program.

Each merchant may revise the value of loyalty points in accordance with the applicable Merchant Loyalty Program Terms. We will add and deduct loyalty points/ benefits for the relevant Merchant Loyalty Program as advised by the merchant.

Each loyalty offer will be displayed within the Loyalty Program functionality within the App. You will need to comply with the rules displayed above, or within the App in order to be eligible to earn the relevant loyalty points or benefit.

Refunds and returns

If you make a purchase and earn points and then subsequently return the purchase for a refund, the points you earned in connection with the purchase may be deducted from your member account. This will be dependent on the rules specified in the relevant Merchant Loyalty Program Terms. We will deduct loyalty points/ benefits for the relevant Merchant Loyalty Program as advised by the merchant. This may result in a negative points balance within the relevant Merchant Loyalty Program.

Redemption

Once you have accrued the requisite number of points to earn a voucher, a voucher will be automatically generated and added to your account. You will receive a push notification from the App to let you know you have earned a voucher (subject to you having consented to receive push notifications from the App).

Once you receive your voucher, you must enter the voucher details and/or scan the voucher barcode at the time of purchase at the relevant merchant, in order to redeem the voucher value.

The merchant is responsible for redemption of the loyalty points and vouchers. Slyp is not responsible for and will not be liable for any redemption of loyalty points or vouchers, or the failure to honour the redemption of loyalty points or vouchers.

Vouchers will specify the applicable expiry date of the voucher. The terms applicable to the redemption of any vouchers will be specified in the Merchant Loyalty Program Terms. Merchants will not redeem vouchers after the date of expiry of the relevant voucher.

How do we protect your privacy?

We are committed to ensuring your privacy is protected. The current version of our privacy policy, as updated from time to time, is available on our website at: https://www.slyp.com.au/privacy-policy

We use the personal information that you have provided as part of your member registration to manage and administer your account. We may share this information with our service providers who assist us to manage the Go Rewards Loyalty Program.

When registering as a member of the Go Rewards Loyalty Program, you also agree to us sending you electronic marketing communications. You will be able to elect how we communicate with you (ie by email and SMS) in relation to our products and services that we think may be of interest to you, including in relation to the merchants and Merchant Loyalty Programs available in the Go Rewards Loyalty Program. We may also communicate in relation to other products and services we offer in addition to the Go Rewards Loyalty Program.

By signing up to a Merchant Loyalty Program, you agree to the merchant sending you electronic marketing communications by email and SMS in relation to its products and services. These communications will be subject to the Merchant Loyalty Program Terms and the merchant’s privacy policy.

Customer account and password security

When you sign up for the App, you will need to choose a password. We encourage you to use a complex password (for example, one that includes a combination of words, numbers and symbols).

You are responsible for 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.

You must not do anything that could threaten the integrity or security of the App. Without limitation, you must not seek to transmit, distribute or introduce any virus or other malware to the App or hack or disable any part of the App to corrupt data, send spam, unsolicited advertising or promotional material or attempt to affect the operation or functionality of the App.

Do I have to pay any fees?

We do not charge you any fees for downloading and using the Go Rewards Loyalty Program.

Licence and Intellectual Property

Subject to these Terms, we grant you a non-exclusive, non-transferable, limited and revocable license to use the App for personal and/or non-commercial use on a compatible device.

Slyp is the owner of or the licensee of all intellectual property rights in the App. These works are protected by copyright and other laws.

You must not, when using the App:

(a) reproduce, download, duplicate, display all or any parts of the App in any form except where such reproduction is essential for your own personal, non-commercial use of the App;

(b) attempt to sublicense, assign, or transfer this license for the application;

(d) attempt to reverse assemble, reverse compile, or otherwise obtain or attempt to obtain the source code of the App, except as specifically permitted by law.

With respect to any idea, know-how, concept, technique, invention, discovery or improvement, whether or not patentable, expressed or given to us, you grant to us the right to to use, manufacture and market any such product or service without restriction or obligation.

Responsibility for Merchant Loyalty Programs

Each merchant is responsible for their own Merchant Loyalty Program. Slyp is an aggregator of the Merchant Loyalty Programs offered by individual merchants. Slyp has no responsibility or liability for the operation or conduct of the Merchant Loyalty Programs or the earning or redemption of loyalty points or benefits within the individual Merchant Loyalty Programs, except as set out in these Terms.

To the maximum extent permitted by applicable law, Slyp excludes all liability arising in connection with the Go Rewards Loyalty Program and any act or omission of the merchants in connection with the Merchant Loyalty Programs.

Warranty

To the maximum extent permitted by applicable law, the Go Rewards Loyalty Program and all Merchant Loyalty Program -related documentation and technical support are provided by Slyp “as is” and “as available”. Slyp makes no warranties of any kind either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement.

Third party links

The App may contain links to third party websites that are not under Slyp’s control. Slyp is not responsible for, and makes no express or implied warranties with regard to, the information and material on these sites and the underlying policies regarding use and privacy. If you access these third party websites through the App, you are doing so at your own risk.

Liability

To the maximum extent permitted by applicable law, we are not liable to you in respect of any loss or damage you suffer in respect of your use or access or attempted use or access to or reliance on the Go Rewards Loyalty Program, the App or any Merchant Loyalty Program. Without limitation, this includes special, incidental, exemplary, consequential, or indirect damages for any lost profits, business, revenue, goodwill and/or damage to devices and data that result from or relate in any manner to these Terms.

Where our liability to you cannot be excluded, our liability is limited to correcting any mistake or error and, where necessary, re-performing our obligations or re-supplying any relevant services correctly.

Indemnity

You must reimburse and indemnify us against and in respect of any loss, expense, damage, claim or demand suffered or incurred as a result of you breaching these Terms.

However, you will not be liable to us to the extent any loss, expense, damage, claim or demand is suffered or incurred as a result of the fraud, negligence or wilful misconduct of us or our officers, employees, contractors or agents or any receiver appointed by us.

Suspension

We may suspend your use of the App or the Go Rewards Loyalty Program without prior notice at any time, including, without limitation, if we suspect that the Go Rewards Loyalty Program is being accessed or used otherwise than in accordance with these Terms. A merchant may suspend your access to a Merchant Loyalty Program in accordance with the applicable Merchant Loyalty Program Terms.

Termination

We may disable, remove or terminate your account and access to the App or to the Go Rewards Loyalty Program, without prior notice at any time, if we find that you have breached these Terms. Upon your account being disabled, removed or terminated, you will lose all loyalty rewards accumulated and your personal account details will be removed from the Go Rewards Loyalty Program with the exception of the information we are required to retain in order to identify users for the purpose of preventing fraudulent misuse of the Go Rewards Loyalty Program. We may also disable, remove or terminate your ability to access the App or the Go Rewards Loyalty Program, or cease to offer the App or Go Rewards Loyalty Program, a feature within the Go Rewards Loyalty Program or a specific Merchant Loyalty Program, at any time for any reason. We will advise you in advance of doing so, to the extent it is reasonably practicable for us to do so.

You may delete your account within a specific Merchant Loyalty Program without deleting your member account for the Go Rewards Loyalty Program. You may also delete your Go Rewards Loyalty Program member account. Upon doing so, you will lose all points accrued and we will remove your personal details from the Go Rewards Loyalty Program, with the exception of the information we are required to retain in order to identify users for the purpose of preventing fraudulent misuse of the App or Go Rewards Loyalty Program.

Complaints and disputes

Please contact us directly if you have any complaints or disputes (see the Support section below).

You will raise any complaint or dispute in relation to the App or the Go Rewards Loyalty Program with us, and give us a reasonable opportunity to consider, respond to and resolve your complaint or dispute, before you initiate any legal proceedings (other than legal proceedings for urgent or injunctive relief).

Notifications

We may send you any information, notices or other documents (each a Communication) related to the App or the Go Rewards Loyalty Program by:

(a) notification (including a push notification) or message sent to you or your device through the App (if permitted to do so);

(b) displaying the Communication or making the Communication available to you in your account within the App;

(d) by SMS text message to the mobile number recorded for you in your Go Rewards member account ; or

(e) in any other manner allowed by law.

You must ensure that the contact details recorded for you in your Go Rewards member account (including your email address and mobile number) are correct and up-to-date at all times.

Slyp’s right to vary the terms

We may revise these Terms from time to time and the revised version will be effective on the date we specify. In most cases, changes to these Terms will be notified through the App. If our changes to the Terms reduce your rights or increase your responsibilities, we will provide at least 30 days’ notice of the changes to you.

If you continue to use the Go Rewards Loyalty Program after any changes to these Terms become effective, you will be subject to those changes. If you do not agree with any changes to the Terms, you may cease using the Go Rewards Loyalty Program and uninstall the App from your mobile device.

Maintenance

We do not warrant that access to the Loyalty Program will be uninterrupted and the App will be free from errors, glitches, bugs and viruses.

We reserve the right to make the App unavailable at any time in order to carry out maintenance and upgrades.

Support

If you have any questions relating to the Terms, please contact us by email at: support@slyp.com.au

Severability

If any provision of these Terms is held to be unenforceable, the provision shall be read down only to the extent necessary to make it enforceable. If such provision is unable to be read down, the provision is severed from the remainder of the Terms without affecting the validity or enforceability of the remaining provisions of these Terms, which remain in full force and effect.

Waiver

A failure by us to assert or enforce any right under these Terms does not constitute a waiver of that right nor will any such failure be taken to be a further or continuing waiver of that term or right.

Assignment

We may assign or otherwise transfer or deal with any of our rights and obligations under these Terms at any time without your prior consent. Any assignee will be subject to these Terms as if all references to Slyp or us were to the assignee. If you consider that the assignment is detrimental to you, you may cease using or accessing the Go Rewards Loyalty Program.

Applicable Law

The App and the Go Rewards Loyalty Program are intended for use in Australia.

These Terms are governed by and will be construed in accordance with the laws of the State of New South Wales, Australia and you submit to the jurisdiction of the Courts of New South Wales and Courts hearing appeals from them have non-exclusive jurisdiction in relation to these Terms.

Slyp App Terms

Slyp Pty Ltd ABN 19 613 031 271 (we, us or our) is an Australian company that provides digital receipt services through a variety of channels. Slyp is a software application (Slyp) is published by us.

By using Slyp, you agree to be bound by these terms and conditions of use (Terms). If you do not wish to be bound by these terms and conditions, you should cease using Slyp and uninstall the app immediately.

Please read these Terms carefully. We may revise these Terms from time to time and the revised version will be effective on the date we specify. If our changes reduce your rights or increase your responsibilities, we will provide at least 30 days notice of the changes to you. You agree to receive notices electronically. By continuing to use our services after any changes to these Terms become effective, you agree with those changes. If you do not agree with any changes, you may cease using Slyp and any of our associated services.

Am I eligible?

Slyp is available to any person who has:

(a) a registered Australian mobile phone number; and

(b) a mobile device capable of accessing the internet (Device).

How do I access Slyp?

Not all Devices may be capable of accessing and using Slyp. You are responsible for obtaining your own Device and mobile data plan to use Slyp and any associated costs at your own expense, including any telecommunications network charges. You will also need to maintain adequate back-up of your Device, including its content and applications.

The services and features you can access and use using Slyp may differ depending on the type of Device, the features released, and the version of Slyp you are using, and may change from time to time without notice to you. If we release a new version or update Slyp, we may require that you download or update to the new version before you can continue to access and use Slyp.

How do we protect your privacy?

We are committed to ensuring your privacy is protected. Our privacy policy is available on our website at: https://www.slyp.com.au/privacy-policy

What’s our approach to information security?

When you sign up for Slyp you will need to choose a complex password.

You must take all reasonable precautions to keep your password confidential. You must not disclose your password to anyone else.

You must not do anything in relation to Slyp that could threaten the integrity and security of Slyp or any Slyp-related system or arrangement. Without limitation, you must not seek to introduce any virus or other malware to any Slyp-related system and if you become aware your Device has or made be infected with a virus or malware you must not use Slyp on the Device until the virus or malware has been completely removed and your Device is secure.

Do I have to pay any fees?

We do not charge you any fees for downloading and using Slyp.

Licence and Intellectual Property

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited and revocable license to use Slyp for personal and/or non-commercial use on a compatible Device. Any use of Slyp (in whole or part) in any other manner, including but not limited to, resale, transfer, modification or distribution of Slyp is prohibited.

You do not have any right, title or interest in or to any proprietary rights relating to Slyp or the information contained in Slyp and you will not reproduce information obtained by using Slyp except where such reproduction is for your own personal non-commercial use in accordance with these Terms.

The Slyp software application is our proprietary property. You may not:

(a) sublicense, assign, or transfer this license for the application;

(b) sell, lease, license or otherwise distribute the application to any third party; or

(c) reverse assemble, reverse compile, or otherwise obtain or attempt to obtain the source code of the application, except as specifically permitted by law.

With respect to any idea, know-how, concept, technique, invention, discovery or improvement, whether or not patentable, expressed or given to us, you grant to us an irrevocable, non-exclusive, worldwide, unrestricted, and paid-up licence to include the foregoing in any product or service, and to use, manufacture and market any such product or service.

Warranty

To the maximum extent permitted by law, Slyp (including its content and output) and all Slyp application-related documentation and technical support are provided "as is" and “as available” without any express or implied warranties, including any warranties of merchantability, fitness for a particular purpose or non-infringement.

Except to the extent (if any) required by mandatory provisions of applicable Australian law, our sole warranty obligation concerning Slyp will be to use our reasonable efforts to respond during business hours to any problem reported by you. Other than the foregoing obligation, we do not provide technical support for Slyp under these Terms.

Liability

To the maximum extent permitted by law, we are not liable to you in respect of any loss or damage you suffer in respect of your use or access or attempted use or access of or reliance on Slyp. Without limitation, this includes any loss or damage you suffer as a result of damage to a Device caused by your access or use or attempted access or use of Slyp.

In no circumstances will we be liable to you for any special, incidental, exemplary, consequential or indirect damages or any lost profits, business, revenue, goodwill, or anticipated savings or loss of, or damage to, data.

Indemnity

You must reimburse and indemnify us against and in respect of any loss, expense, damage, claim or demand suffered or incurred as a result of you breaching these Terms. However, you will not be liable to us to the extent any loss, expense, damage, claim or demand is suffered or incurred as a result of the fraud, negligence or wilful misconduct of us or our officers, employees, contractors or agents or any receiver appointed by us.

Suspension and termination

We may suspend your use of Slyp, or a feature within Slyp, without prior notice at any time, including (without limitation) if we suspect that Slyp is being accessed or used otherwise than in accordance with these Terms.

We may also disable, remove or terminate your ability to access Slyp, or cease to offer Slyp or a feature within Slyp, at any time for any reason.

We will give you reasonable prior notice before doing so unless we believe that doing so is necessary to protect the integrity or security of any Slyp-related systems or arrangements or to protect us from suffering damage or loss (in which case we will notify you as soon as practicable afterwards).

Complaints and Disputes

Please contact us directly if you have any complaints or disputes (see the Communication section below). You agree to raise any Slyp-related complaint or dispute with us, and to give us a reasonable opportunity to consider, respond to and resolve to your complaint or dispute, before you initiate any legal proceedings (other than legal proceedings for urgent or injunctive relief).

Notifications

We may give you any information, notices or other documents (each a “Communication”) related to Slyp by:

(a) notification (including a push notification) or message sent to you or your Device through Slyp;

(b) displaying the Communication or making the Communication available to you in Slyp;

(d) by SMS text message to the mobile number recorded for you in Slyp; or

(e) in any other manner allowed by law.

You must ensure that the contact details recorded for you in Slyp (including your email address and mobile number) are correct and up-to-date and promptly change your contact details in Slyp to reflect any change to your contact details.

Communication

You may contact us by email at: support@slyp.com.au

Severability

Each provision and part of these Terms must be read down to the extent necessary to be valid and enforceable. If any provision or part of these Terms cannot be so read down, or is deemed invalid or unenforceable, the provision is severed from these Terms without affecting the validity or enforceability of the remaining provisions or parts these Terms, which will remain in full force and effect.

Waiver

A failure by us to assert any right under these Terms will not constitute a waiver of that right nor will any such failure be taken to be a further or continuing waiver of that term or right.

Assignment

You cannot assign or otherwise transfer any of your rights granted under these Terms without our prior written consent. We may assign or otherwise transfer or deal with any of our rights and obligations under these Terms at any time without your prior consent.

Applicable Law

The laws of New South Wales, Australia apply to these Terms and you agree that the Courts of New South Wales and Courts hearing appeals from them have non-exclusive jurisdiction in relation to these Terms.