In these Terms, ‘us’, ‘we’ and ‘our’ means SkyBuys Pty Ltd and our related bodies corporate.
We reserve the right to modify all or part of these Terms at any time by (a) posting revised Terms on and/or through the App and (b) where reasonably practicable, providing you with reasonable prior notice that the Terms have changed, either via email or through the App, at our sole discretion.
You accept the revised Terms when you continue to use the App after a change to the Terms. In that case, you are bound by and we will treat you as bound by the revised Terms from the date on which the revised Terms became effective. You are free to end your agreement with us at any time should you choose not to accept the revised Terms.
You must be a registered user to use our App and to access certain features.
When you register and activate your account, we will provide you with 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.
If you are under the age of 14 years, you may not create an account or register as a user. If you are 14 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
exercise supervision over the Minor’s use of the App and their account;
assume all risks associated with the Minor’s use of our App and their account, including the transmission of content or information to and from third parties via the Internet;
ensure that the content and information that the Minor may encounter while using the App is suitable for the Minor;
assume liabilities resulting from the Minor’s use of the App and their account;
ensure the accuracy and truthfulness of all information submitted by the Minor; and
provide the consents contained in these Terms on behalf of the Minor.
We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our App and your account on this basis.
We may collect, use or disclose information about you in order to combine the information that we hold about you with information about you collected from or held by other trusted partners or from public sources. We do this in order to enable the development of consumer insights about you so that we and those other trusted companies can serve you better. This includes being able to better understand your preferences and interests, personalise your experience, enhance the products and services you receive, and to tell you about products and services. We may also use trusted service providers to undertake the process of creating these consumer insights.
We may use and disclose your personal information to offer you products and services that we believe may interest you. We will not do this if you tell us not to. Unless you tell us not to, we may disclose your personal information to our related companies or to other trusted business partners so they can tell you about their products and services. We may also disclose your personal information to other companies who assist us to market our products and services. If you don’t want to receive marketing offers in this way please contact us using the details listed below.
We may disclose certain personal information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. We may also disclose your personal information to recipients that are located outside of Australia, including to sponsors or promotors of competitions associated with SkyBuys. The countries where such sponsors or promotors are located may vary so if we do this we will notify you of the countries at the time that you enter into the competition or event with us.
Accuracy, completeness and timeliness of information
The information provided through our App is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the App, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding that information. You should monitor any changes to the information contained in or provided through the App.
To the extent permitted by law, including the Australian Consumer Law, we disclaim liability to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the App or a website which is linked to from the App. You must take your own precautions to ensure that whatever you select for your use from the App is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the App (including these Terms) or the information, products or services described in it. However, we do not undertake to keep the App updated or that it will be or remain compatible with any device or software. We are not liable to you or anyone else if errors occur in the information included in or provided through the App, or if that information is not up-to-date.
Features of the App
A key function of the App is to notify you of the availability of certain items that you’ve found and selected (or ‘RainChecked’) online when you enter the vicinity of the registered physical stores in which those items are available. By using the App, you agree to receive such notifications from the App pushed to your compatible device (push notifications). If you do not wish to receive such push notifications, please adjust your account settings, but be aware that if you do elect not to receive such push notifications you may not be able to use or receive the benefit of some or all of the functionality of the App.
When you use the App, we may ask for your permission to access certain hardware or software features of your device. We will only access these features if you give your consent, and only for the purpose of the particular functions of the App. If you do not provide such permission, you may not be able to use or receive the benefit of some or all of the functionality of the App.
Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply (Competition Terms). If you want to participate in such a campaign, promotion or contest, you must agree to the applicable Competition Terms. In case of any inconsistency between such Competition Terms and these Terms, those Competition Terms will prevail.
The App may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the App and in all of the material (including all text, graphics, logos, audio and software) made available on or through the App (Content).
Your use of the App and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the App or the Content. However we do grant you a licence to access the App and to view the Content on these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of the App or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of the App, the Content or any part of it is prohibited, except to the extent permitted by law.
You must not do any act that we deem inappropriate, is unlawful or is prohibited by any laws applicable to the App, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
using the App to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this App any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to the App, we have the right to take down that information at our sole discretion and without notice.
These Terms are effective until terminated. You can terminate these Terms at any time by ceasing your use of the App and deleting the App. We can terminate these Terms at any time by providing reasonable written notice to you. We are also entitled to terminate these Terms at any time without observing any notice period if:
you are in breach of these Terms; or
you have clearly demonstrated (regardless of whether directly or through your actions or statements or otherwise) that you do not intend to comply with these Terms.
Termination may entitle you to receive a refund or partial refund or other remedy as provided by the Australian Consumer Law. Any request for a refund will be assessed on a case by case basis. Upon termination of these Terms, you must cease all use of the App and destroy all copies, full or partial, of the App.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the App or the Content, including but not limited to warranties or representations that the App or the Content will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the App will be secure. Subject to clause 9, and the Australian Consumer Law, we reserve the right to restrict, suspend or terminate without notice your access to the App, any Content, or any feature of the App at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the App and/or the information or materials contained on it, or as a result of the inaccessibility of the App and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. Your purchases in connection with your use of the App are subject to the terms and conditions of the relevant retail partner (including, for example and without limitation, in respect of returns and exchanges). To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be responsible for any loss, damage or expense in relation to any product or service purchased by you in connection with your use of the App.
Jurisdiction and governing law
Your use of the App and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.