Last updated: 26-June-2020
Terms of Usage
Imfree is a mobile app where you can discover local deals and rewards (Promos) and information (Engagement) personalised to the way you move.
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 Member by opening an Imfree account. 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, reward redemption, logout, engaging with branded content, participating in a promo, fetching new 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, sending content and notifications based on your location, finding nearby stores where you can redeem offers, and securing your account when you log in or out of the app.
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 are 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; e) you use the Service for any illegal or unauthorized purpose; f) acts of fraud; g) you breach the provisions of the Terms, and h) you opt-out of your Account Information.
A Member may have one verified profile only. Subsequent access of a member having more than one profile will be cancelled.
As a Member, you grant your permission for brands to engage with you and show you promotions and offers via opting in to brands (done through tapping “LOVE” icon after seeing a store card in the Storyline, or viewing a Store Page with a “Love” button which indicates that a member has yet to opt in to that specific brand).
Your Imfree account, comprising your:
Personal Information, that includes your name, mobile number, date of birth and gender which you shared during registration;
Profile Information, that includes your demographic and socio-economic information which you shared on our surveys; and interests based on the categories and brands you have opted in to.
Behavioral Information that includes in-app behavior, content engagements you complete or share as well as redemption details and all other information you have divulged or created in the course of your use of the Service will be available to Imfree.
Subject to Imfree’s Privacy Policy and for and in consideration of the Service and/or valuable consideration received, you hereby voluntarily grant Imfree a royalty-free, exclusive, sublicensable and transferable license to use, store, reproduce, modify, create derivative works, communicate, sell, publish, publicly perform, publicly display, distribute and transmit the Profile and Behavioral Information, whether independently or in combination with other Profile and Behavioral Information, in aggregate and anonymized form, to third party partners of Imfree for, among others, advertising or commercial purposes. The Profile and Behavioral Information shall enable such partners to deliver Service and/or content engagements specifically crafted based on your interests, views, or opinions. By transferring, ceding, or otherwise selling the Profile and Behavioral Information to Imfree you are financially sustaining the continued provision of the Service to you in accordance with the Terms. This license ends when you delete your Imfree Account, except (i) to the extent that this information has been shared with others and they have not deleted it, (ii) that Imfree retains a license to maintain a back-up copy of this information, and (iii) to the extent that you have licensed this information to Imfree for valuable consideration.
As a Member, 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. By opting in to stores and transacting your Profile and Behavior Information against rewards, you provide Imfree your consent to share this information with the brands you have opted in to.
You also have the ability to opt out of any brand you have engaged with. By opting out of a brand, your relationship with the aforementioned will be discontinued, any further communication between yourself and the brand will cease and you may opt in to the brand again anytime you want.
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 (USA), 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 a Member of Imfree, 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. engagement and promo 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 rewards/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. ENGAGEMENT AND PROMO TERMS & CONDITIONS
Members of Imfree receive digital content or engagements and notifications (both referred generally throughout the app as “Engagement”), and promotions (“Promo”). Through Engagements, Members’ experiences throughout the app become more personalised and contextual. When Members explicitly opt in to a particular interest category or brand during or after registration, Members consent to being served Engagements and Promos from Imfree and/or brands based on those interest categories. When redeeming Promos, you agree to scanning the in-store QR codes and inputting the 4-digit store PIN to validate the transaction/s made with each of Imfree’s Partner stores. By accepting the terms of this Agreement, you agree to provide accurate and authentic information when you participate in Engagements and/or redeem Promos.
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