Terms and Conditions

Imfree Business is the first “PhyGital” real-time Local Area Marketing and Promotions platform (Partner Portal) that enables your business to connect with a relevant and responsive audience – that you can measure – through the creation and deployment of your best deals, discounts, loyalty promos, events (Promos) and branded content (Engagement) (collectively “Campaign”), and access to Campaign performance dashboard.

I. GENERAL TERMS AND CONDITIONS (“TERMS”)

By using the Service, you agree to be bound by these Terms (the “Agreement”). If you are using the Service for an entity, company or organization, you represent to Imfree that you have the authority to bind that business and that you agree to these Terms on behalf of such entity, company or organization. By using the Service you warrant that you are at least 18 years of age and agree to the Privacy Policy and Terms.

Imfree may change or amend these terms at any time. You will be prompted whenever there are updated versions of these terms. Your explicit acceptance and continued use of the Service after the date such change(s) become effective will constitute consent to the changed terms.

As a condition of your use of the Service, you agree to become a Partner by opening an Imfree account when you select a subscription service on the Partner Portal. You further agree that you are entirely responsible for any activity relating to the account and to maintain its confidentiality.

During the following events, depending on your app settings or device permissions, Imfree may collect your location information as determined through your phone’s location data: before displaying the map view, log in, logout, creation, and deployment of Engagements and Promos, sending a support request, looking for a nearby store, and rating the store experience.

Imfree uses location information to customize the Service for you and others, like displaying the map view of your vicinity, creating and deploying Promos and Engagements based on your location, and securing your account when you log in or out of the Partner Portal.

The Service may contain links to third-party websites that are not under Imfree‘s control. Imfree does not necessarily endorse the content available from such sites. By accessing these sites, you acknowledge and agree that Imfree is not responsible, directly or indirectly, for any damage or loss you incurred arising from or in connection with such use or interaction.

Your use of the Service shall be immediately terminated when: a) your use results in or is intended to harass, threaten, impersonate, intimidate, harm, abuse, defame, defraud; b) you upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation; c) you transmit any worms or viruses or any code of a destructive nature; d) you violate any laws applicable to your use of the Service, including but not limited to, Imfree’s Content Guidelines; e) you use the Service for any illegal or unauthorized purpose; f) acts of fraud, and g) you breach the provisions of the Terms.

 A Partner may have one verified profile only. Subsequent access of a member having more than one profile will be canceled.

Your Imfree Partner account consists of your Personal, Commercial, and Behavioral Information as outlined in the Partner Privacy Policy.

As a Partner, you maintain control of your Personal Information. Imfree does not and will not share your Personal Information to any third party partners unless otherwise, you granted us explicit permission to do so.  

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Imfree Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Imfree Content, contained on the Service is owned, controlled, or licensed to Imfree by Imfree Holdings Inc, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights. Imfree is not liable for brand representations whether implied or direct.

As an Imfree Partner, Imfree grants you a revocable, non-assignable, non-transferable, non- sublicensable right to legally and ethically share the Imfree name and Imfree logo to other parties for the sole purpose of informing such third parties of the availability of the Service. Except as expressly provided in this Agreement or otherwise permitted by law, no Imfree Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed by any means or distributed in any way via any other medium for publication or distribution or for any commercial enterprise or purpose, without Imfree‘s express prior written consent or unless provided with the ability to do so.

By using the Service you agree that Imfree may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service should there be a breach in the Terms of Use. You understand the nature of the Service and that in its provision technical issues may arise which may affect the Service. Your use of the Service is, thus, at your sole risk and the Service is provided on an “as is” and “as available” basis. Imfree does not warrant that the Service will meet your requirements or expectations or that the Service will be uninterrupted, timely, secure, or error-free. Imfree is not liable for network connectivity (i.e. Campaign delivery failure, internal/external interruptions, issues, errors).

You expressly recognize and agree that Imfree, or any of its members of the Board of Directors, Officers, Employees, subsidiaries, affiliates, agents or trustees shall not be liable for any direct or indirect damages incurred by you on account of your usage of the Service. You agree to indemnify Imfree or any of its members of the Board of Directors, Officers, Employees, subsidiaries, affiliates, agents or trustees from and against any and all liabilities and costs incurred in connection with any claim arising from your acts or omissions arising from or connected with your use of the Service. Imfree is not liable for damages related to lost load/devices/earnings, system or network malfunctions. Imfree is not liable for the value/tax transactions entered into between members and brands. No discrimination as to members or brands is recognized by Imfree.

By using the Service, you agree to the Terms and should any conflict arise from these Terms, you agree that the laws of Australia shall apply and that jurisdiction shall be exclusively held by the courts of Queensland. You further agree that any claim under this Agreement must be brought within one (1) year from the occurrence of the breach, act or omission complained of, otherwise, the action prescribes and can no longer be initiated.

If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement shall be enforced as written. If Imfree does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Imfree may assign or delegate some or all of its rights and obligations under this Agreement.

II. CAMPAIGN CREATION AND PERFORMANCE TRACKING TERMS AND CONDITIONS

Upon confirmation of payment, you will be given login credentials to Imfree Business, accessible both through desktop and mobile versions. This self-managed dashboard will enable you to both create and deploy Campaigns as well as track Campaign performance after at least one (1) engagement or transaction. You agree to have one user per account and to the responsible use of the account, you have been provided in compliance with the Terms outlined here.

With Imfree Business, you are able to create and deploy exclusive Campaigns to Imfree consumers (“Members”). Campaigns consist of Promos and/or Engagements. Through Engagements and Promos, Partners are empowered to reach a relevant and responsive Member base who are in turn provided a more personalised and contextual in-app experience. Partners are able to drive foot traffic and turn those into transactions that increase Sales and Marketing ROI.

When creating and deploying Campaigns, you agree to abide by the provisions of the Imfree Content Guidelines.  

III. IN-STORE TRANSACTIONS TERMS AND CONDITIONS

Upon confirmation of payment, Imfree will ship your Store Activation Kit based on the shipping address that you input on the Sign Up process. The Store Activation Kit materials remain the property of Imfree. Upon receipt of the Kit, you agree to retain the materials and follow the guidelines for Store Activation to ensure proper validation of transactions. You also agree to follow the onboarding guidelines as issued by Imfree for your checkout and point-of-sale operators so that all Imfree transactions are honored accordingly.

When honoring Promos in-store, you agree to ensure that Members scan the in-store QR code and input your assigned 4-digit PIN to validate the transaction/s made with your store/s. 

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