Terms and Conditions

Thank you and welcome to SaverSaver.

SaverSaver is a tourism and lifestyle membership platform designed to help members discover participating merchants, access exclusive member offers, and enjoy savings on dining, attractions, accommodation, activities, shopping and local experiences.

SaverSaver connects members with participating merchants across Australia through a mobile application and associated services. Members may access offers, redeem offers, participate in referral programs in accordance with these Terms and Conditions.

SaverSaver aims to help members discover more, experience more and save more while supporting participating merchants and local tourism operators.

Our Platform is available on both the Apple App Store and Google Play Store.

You accept these terms and conditions (Terms), including our Privacy Policy, which is available at www.SaverSaver.org/privacy-policy and any annexures and attachments included, or referred to, in these Terms, by downloading or using our Platform. These Terms will commence on the date on which you accept these Terms and will continue until the date these Terms are terminated in accordance with the Termination clause below (Term).

If you access or download our App from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google App Terms of Service.

In these Terms, we, our or us means Saver Saver Pty Ltd trading as SaverSaver ABN 33 661 998 447.

To access the Platform, you will need to create an account (Account).

You must provide basic information when registering for an Account, such as your First Name, Surname and Email Address and you must choose a password. You must ensure that any information you give to us when creating an account, including personal information, is accurate and up-to-date.

You are responsible for taking reasonable steps to keep your Account details and password confidential. You must notify us as soon as reasonably practicable if you become aware of any unauthorised access to or use of your Account. To the extent permitted by law, you are responsible for activity conducted through your Account where that activity results from your failure to take reasonable steps to protect your Account details. At our sole discretion, we may refuse to allow any person to register or create an Account.

When you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different services as set out on our Platform.

Once you have created an Account and chosen a Membership tier, you agree to pay the membership fee set out on the Platform (Fees) by the date specified on the Platform (Payment Date) to access certain benefits from your Membership.

Membership payments are securely processed through approved payment providers including Stripe and other authorised payment platforms as determined by SaverSaver from time to time.

SaverSaver does not access, collect or store members' banking credentials. Payment information is processed by authorised payment providers in accordance with their respective privacy policies and security standards.

SaverSaver may receive confirmation of successful payments and transaction references necessary to administer memberships and member benefits.

Memberships may be purchased through the SaverSaver mobile application, SaverSaver website or other authorised sales channels made available by SaverSaver from time to time.

Where a Membership purchase is processed through a third-party payment or distribution platform, additional terms applicable to that platform may also apply. Membership fees, membership periods, renewal arrangements and cancellation rights will be displayed to you before you complete your purchase.

SaverSaver may from time to time make referral, invitation, promotional or complimentary Membership programs available to eligible members or other users.

Participation in a referral or promotional program may be subject to additional eligibility requirements, limits, expiry dates or other conditions displayed in connection with that program.

Referral benefits have no cash value unless expressly stated otherwise and must not be obtained through fraud, misleading conduct, self-referral, automated activity or other misuse of the Platform.

SaverSaver may withhold or withdraw a referral benefit where it was obtained through misuse of the referral program or where the applicable program conditions have not been satisfied.

Any additional conditions applying to a particular referral or promotional program form part of these Terms.

If you wish to change your Membership (for example, by upgrading to a different Membership tier), you must provide notice to us through your Account that you wish to vary your Membership before the next Payment Date. If you vary your Membership and the Fees increase, the increased Fees will apply on the next Payment Date, and you will have access to the additional Membership features on the next Payment Date.

Except as required by the Australian Consumer Law or otherwise expressly provided under these Terms, including under the SaverSaver Money Back Guarantee, Membership Fees are non-refundable once paid.

The participating merchants, offers, discounts and experiences available through SaverSaver may change from time to time as part of the ordinary operation of the Platform.

We may also change the features, inclusions or other benefits forming part of a Membership. Where we make a change to the Membership itself that is likely to have a material adverse effect on you, we will provide you with at least 30 days' notice where reasonably practicable.

If a material change substantially and adversely affects the Membership you purchased, you may cancel your Membership in accordance with the Cancellation of Memberships clause and any rights available to you under applicable law.

We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Membership. If the updated Fee is not acceptable to you, you may cancel your Membership in accordance with the ‘Cancellation of Memberships’ clause.

SaverSaver offers a Money Back Guarantee to eligible members. For the purposes of the Money Back Guarantee, "Verified Savings" means savings associated with eligible SaverSaver member offers that have been redeemed or otherwise recorded through the SaverSaver Platform and which SaverSaver can reasonably verify from its records or information provided by the participating merchant or member.

Savings that cannot reasonably be verified, transactions that have been cancelled or refunded, and offers not redeemed through SaverSaver may be excluded from the calculation.

Where a member has maintained an active SaverSaver membership for a continuous period of twelve (12) months and has actively used SaverSaver to redeem eligible member offers in connection with purchases from participating merchants during that period, the member may be eligible for a refund of membership fees paid if the total verified savings received by the member are less than the total membership fees paid during the same twelve-month period.

To be eligible, the member must:

• Maintain an active membership for the relevant twelve-month period;
• Actively use the SaverSaver platform;
• Complete purchases with participating SaverSaver merchants;
• Submit a claim within thirty (30) days of the end of the relevant twelve-month period; and
• Provide any information reasonably requested by SaverSaver to verify eligibility.

SaverSaver may reject a claim where the eligibility requirements have not been met, the claimed savings or transactions cannot reasonably be verified, information provided in support of the claim is materially inaccurate or misleading, or the member has materially breached these Terms and Conditions.

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our App (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. By using our Platform, you consent to us disclosing your personal information to third party service providers. If you do not provide this information to us we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about: (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including: (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to defame, bully, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Unless otherwise indicated, we own or license all rights, title and interest (including Intellectual Property Rights) in our Platform. Your use of our Platform does not grant or transfer to you any rights, title or interest in relation to our Platform.

Unless otherwise agreed to by us, you must not, without our prior written consent: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property. For the avoidance of doubt, this clause does not limit you from promoting our Platform in your social media feeds.

This clause will survive termination of these Terms.

You grant us a limited licence to copy, transmit, store and back-up or otherwise access the information, and other data provided by you to us or inputted by you into the Platform, stored by the Platform or generated by the Platform as a result of your use of the Platform (User Data) during the Term and for a reasonable period after the Term to: (1) supply our services (including for back-ups) to you; (2) diagnose problems with the Platform; (3) develop other services, provided we de-identify the User Data; (4) enhance and otherwise modify the Platform; (5) calculate any commission payable to us from merchants listed on the Platform that you have made a purchase from; and (6) as reasonably required to perform our obligations under these Terms.

We may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics available to third parties, provided that it: (a) does not contain identifying information; and (b) is not compiled using a sample size small enough to make the underlying personal information you provide identifiable.

We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.

You agree that: (1) all Intellectual Property Rights in any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly or indirectly, in connection with the Platform and/or SaverSaver (Feedback), will at all times vest, or remain vested, in us; and (2) we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.

Certain legislation, including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), may give you rights, guarantees and remedies in relation to the services we provide that cannot lawfully be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes, restricts or modifies any Statutory Rights that cannot lawfully be excluded, restricted or modified.

Except for your Statutory Rights and any rights expressly provided under these Terms, and to the maximum extent permitted by law, all other warranties, representations and conditions relating to the Platform or our services are excluded.

To the extent that you are using or accessing our App on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the App and any content available on the App.

Apple has no obligation to furnish you with any maintenance and support services with respect to our App.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our App infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

SaverSaver provides a platform through which members can discover participating merchants and access eligible member offers.

Participating merchants are independent businesses and are not employees, agents or representatives of SaverSaver.

Unless expressly stated otherwise:

• (a) participating merchants are responsible for the goods and services they provide;

• (b) purchases of food, accommodation, attractions, activities, products or other services are transactions between you and the relevant merchant;

• (c) offers may be subject to availability, eligibility requirements, redemption limits, dates, times, exclusions and other conditions displayed with the offer;

• (d) participating merchants and individual offers may be added, changed, suspended or removed from the Platform from time to time; and

• (e) SaverSaver does not guarantee that any particular merchant or offer will remain available throughout your Membership.

Nothing in this clause limits SaverSaver's responsibility for the SaverSaver Platform and services that SaverSaver itself provides or any rights you have under the Australian Consumer Law.

In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

1. your acts or omissions;

1. any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms;

1. any works, services, goods, materials or items which do not form part of the Platform;

1. any interaction between you and any merchant or third party listed on the Platform;

1. any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform, including the removal of any Merchant featured on our Platform;

1. the Platform being unavailable, or any delay in us providing our Platform to you, for whatever reason;

1. any illness, injury or death resulting from use of the Platform;

1. any transaction entered into between you and any merchant;

1. the availability, withdrawal, alteration or expiry of any individual merchant offer where this occurs for reasons outside our reasonable control;

1. any tax liability you may incur; and/or

1. any event outside our reasonable control, including a Force Majeure Event.

This clause will survive the termination or expiry of these Terms.

For the purposes of this clause Force Majeure Event means any causes beyond our control, including acts or omissions of government or military authority, acts of God (including earthquakes and floods), shortages of materials, explosions, embargoes, telecommunications failures (including any systemic internet failures and any interruptions in services to service providers), transportation delays, fires, labour disturbances, riots or wars.

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise: (1) if you are not on a paid Membership tier, our maximum aggregate Liability arising from or in connection with these Terms will be limited to any recourse you may have under the Australian Consumer Law and we will have no further liability to you under these Terms, at law or otherwise; (2) if you are on a paid Membership tier, our aggregate liability arising from or in connection with these Terms will be limited to us repaying you the amount of the Fees paid by you to us during the last 12 months of your Membership; and (3) we will not be liable to you for any indirect or special loss, incidental loss, consequential loss, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data whether under statute, contract, equity, tort (including negligence).

This clause will survive the termination or expiry of these Terms.

You agree that the provision of the Platform may be contingent on, or impacted by, third parties or any goods and services provided by third parties, including third parties that provide us with IT services, end users, Merchants, suppliers, or other subcontractors which the provision of the Platform may be contingent on, or impacted by (Third Party Inputs). Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

To the extent that any Third Party Inputs are required by us in order to be able to provide the Platform to you: (1) we agree to, where applicable, obtain and maintain the required licences for access and use of any Third-Party Inputs (at no additional cost to you); and (2) you agree to: (i) where these are notified to you, adhere to the terms and conditions of any such Third-Party Input licences; and (ii) comply with our reasonable instructions and directions and the directions of the third-party provider.

You agree that the benefit of the Third Party Input’s interface, or interoperation with, the Platform, is subject to your compliance with this clause.

You represent, warrant and agree that: (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms; and (3) to provide all assistance, information and documentation necessary to enable us to provide the Platform and that all information you provide to us in connection with the Platform will be true, accurate and complete.

You acknowledge and agree that: (1) you use the Platform at your own risk; and (2) we do not guarantee that the Platform will be secure, timely, uninterrupted or error or virus free or that it will meet your expectations or requirements.

You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

This clause will survive the termination or expiry of these Terms.

If you are not on a paid Membership tier, you may stop using the Platform or request deletion of your Account at any time through the functionality provided in your Account or by contacting SaverSaver.

If you are on a paid Membership tier, you may cancel your Membership at any time using the cancellation functionality made available through your Account or by contacting SaverSaver. Unless otherwise stated at the time of purchase, cancellation will prevent any future renewal or charge but will not normally affect your access to paid Membership benefits for the remainder of the Membership period already paid for.

Cancellation of a Membership does not automatically delete your SaverSaver Account.

You may separately request deletion of your Account using the account deletion functionality made available through the Platform. Account deletion may result in the permanent loss of information, history and other data associated with your Account, subject to any information SaverSaver is required or permitted to retain by law.

Where you are entitled to an immediate cancellation or refund because of a material change made by SaverSaver, or under the Australian Consumer Law, those rights will continue to apply.

We may suspend your Account or terminate these Terms where reasonably necessary if you materially breach these Terms, misuse the Platform, engage in fraudulent or unlawful conduct, infringe the rights of another person, create a security or operational risk to the Platform, or where suspension or termination is reasonably required to comply with applicable law.

Where reasonably practicable, we will provide you with notice of the suspension or termination and the reason for it.

If we suspend your Account or these Terms are terminated, we will immediately cease providing the Platform and our services to you, and you will not be able to access your Account.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Changes to the Platform and Terms: You agree that we may amend these Terms and the features of our Platform at any time. If we amend these Terms, or we make any changes to our Platform that will have a material adverse effect on you, we will provide you with written notice. By continuing to use the Platform, you agree to the amended terms. If you do not agree to the amendment, you must terminate these Terms in accordance with the Termination clause.

Competitors: You are prohibited from using our Platform in any way that includes scraping, copying, reverse engineering, commercial exploitation or use of SaverSaver data to build a competing service. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Discontinuance: We may discontinue the Platform, or any material part of it, by providing reasonable notice where reasonably practicable.

We may restrict or exclude a person's use of the Platform where reasonably necessary for security, fraud prevention, compliance with law, protection of SaverSaver or its members and merchants, or because that person has materially breached these Terms.

Nothing in this clause limits any rights or remedies available to you under the Australian Consumer Law.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other Party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either Party (by notice in writing to the other Party) to litigation. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive the termination or expiry of these Terms.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Taxes: You are responsible for any personal tax liability that may lawfully arise from your use of the Platform or receipt of Membership benefits, except for taxes which are the responsibility of SaverSaver under applicable law.

Third party information: Our Platform may contain information provided by, or links to websites operated by, third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Transfer: You are not permitted to transfer your account membership to any other person.

For any questions and notices, please contact us at:

Saver Saver Pty Ltd trading as SaverSaver ABN 33 661 998 447

Email: support@SaverSaver.org