Current as at 06 March 2020
The terms and conditions set out below (“Terms of Service”) apply to your use of the WhatsMine website and the WhatsMine mobile application (together the Site).
The Site is owned and operated by WhatsMine Pty Limited ACN 625 900 576, Level 30, 85 Castlereagh Street, Sydney 2000, an indirectly, wholly owned subsidiary of Scentre Group Limited ACN 001 671 496 (together with its subsidiaries, Scentre Group).
The Site is a rewards and benefits companion app that aggregates, optimises and personalises third party membership and benefits programs (Loyalty Program) for consumers and businesses. Based on this information, the Site may also present information relating to third party goods or services (Third Party Products) provided by the operator of the relevant Loyalty Program (Program Operator).
We update our Site as often as is practicable, but information can change rapidly, and we do not guarantee its accuracy at any time. We advise you to review the third-party website for the most accurate information about Third Party Products.
By accessing this Site, you agree to these terms, and acknowledge reading them. We do not take responsibility for sites of other third parties, whether or not linked, or any device used to access or view our Site. The Site has been prepared under Australian law. Nothing it constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.
This is an agreement between WhatsMine Pty Limited ACN 625 900 576 ("WhatsMine"), the owner and operator of the Site. The term “You” means the ordinary user and / or subscriber, where the context permits “Your” has a corresponding meaning. The term “we” or “us” refers to WhatsMine.
These terms and conditions of use, together with the policies, notices and disclaimers referred to below, govern your use of the Site. Your access to and use of the Site, including your use of the materials and information accessible on or from the Site, is governed by these Terms of Service.
Your use of the Site is conditional upon your acceptance and compliance with these Terms of Service. You should read the Terms of Service carefully. By using the Site, you agree to be bound by, and comply with, these Terms of Service. You must not access, browse or otherwise use the Site unless you agree to be bound by the Terms of Service.
We reserve the right to amend the Site and the Terms of Service at any time and from time to time without notice to you. Your continued use of the Site after any amendment to the Terms of Service constitutes an agreement by you to abide and be bound by the Terms of Service as so amended. If you breach these Terms of Service, your right to use the Site will cease immediately and we may refuse you access to the Site.
to improve the user experience of the Site;
to determine which membership, benefits, loyalty programs, offers or promotions are the most popular and where users spend most of their time;
to measure user numbers, characteristics and demographics, and analyse user behaviour in order to continuously improve the Site and for use otherwise in connection with our business;
to provide aggregated data analytics and business insights to commercial partners;
to send to you special and / or personalised deals, offers and discounts, surveys and other marketing materials based on your location or known web usage;
to enable email scanning to easily find, and upload membership details;
for other purposes to which you, either expressly or impliedly, consent to, and for the purposes set out in these terms and conditions, we may provide this information to our agents, contractors, service providers, joint venture and commercial partners and regulatory authorities, and may transfer your personal information to others in countries outside Australia and New Zealand (including to those that operate our cloud servers outside of Australia and New Zealand); and
for other purposes to which you, either expressly or impliedly, consent to, and for the purposes set out above, we may transfer your personal information to others in countries outside Australia.
You may access your personal information by opening the App and accessing your Site account.
These Terms of Service apply to all users of the Site. The Site may contain links to third party websites that are not owned or controlled by us and may contain features that are connected with the redemption of products or services as part of any Third Party Offer that are not controlled or managed by us. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or any Third Party Offers. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site or service.
By using the Site, you expressly acknowledge and agree that we will not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website service or your participation in any Third Party Offers, except to the extent such liability is caused by our negligence or breach of these terms.
To access and use the features of the Site, you may be asked to provide us with certain information including:
third party loyalty program membership number and scanned image of membership card;
name and email address;
phone number; and
date of birth, gender & postcode.
When providing this information, you must provide accurate and complete information. You must never use another person's loyalty card number or other loyalty membership details without their prior consent. We will not be liable for any unauthorised use by you of another person’s information or any failure by you to enter your details correctly.
Subject to your compliance with these Terms of Service, we hereby grant you a non-exclusive, non-transferable license to download, install and use the Site on your mobile device. This licence is in respect of your use of the Site only. In using the Site, you acknowledge and agree that:
your use of the Site as permitted is solely for your personal, non-commercial use;
you will not duplicate, transfer, give access to, copy or distribute any part of the Site in any medium without our prior written consent;
you will not attempt to reverse engineer, alter or modify any part of the Site;
you will otherwise comply with the terms and conditions of these Terms of Service;
you must not introduce any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
access to the Site is not provided on a continuous, uninterrupted or permanent basis. Not all sections of the Site may be able to be accessed by all users of the Site. We reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period;
you must not create any liability (civil or criminal) for us or any third-party provider, cause us to lose (in whole or in part) the services of our suppliers;
you must not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); and
your use of the Site must not involve any attempt to access any data or system, service or communication which you are not authorised to access.
All Third-Third Party Product or Third Party Offer names, services, company names and logos mentioned on the Site remain the property of their respective owners, which are in no way associated or affiliated with us. These trademarks, services, processes or other information, by trade name, trade mark, service provider, supplier or otherwise do not constitute or imply endorsement, sponsorship, partnership or recommendation by us.
Except to the extent required by law, we do not review or control, and we are not responsible in any way for, any Third Party Products or Third Party Offers. Third Party Products and Third Party Offers displayed or advertised on the Site may vary from time to time. Before making a purchase or accepting a Third-Party Product or participating in any Third Party Offer from a Program Operator, you should carefully review that Program Operator’s terms and conditions applying to the Third-Party Product or Third Party Offer. Other than in relation to any liability which under law cannot be excluded, we are not liable for any costs, damages or other loss in connection with the display, advertising, purchase or acceptance of Third-Party Products or Third Party Offer from a Program Operator or your use of the Site.
Some parts of the Site may be supported by sponsored links from advertisers and display offers that may be custom matched to you based on information stored in the Site, queries made through the Site or other information. Such information is provided by the Site ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the third party linked site. You use the information and links at your own risk.
When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. We are in no way party to and will not be liable for enforcing any agreement made between you and any third party with respect to an offer on the Site.
While we take appropriate technical and organisational measures to safeguard the personal data (including personal information) that you provide to us, no transmission over the internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to us via the Site.
If you are using a computer or terminal in a public location, we recommend that you always log out and close the Site browser when you complete an online session for your security. In addition, we recommend that you take the following security measures to enhance your online safety:
(a) keep your account passwords private. Remember, anybody who knows your password may access your account;
(b) when creating a password, use at least 6 characters. A combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained. We also recommend that you frequently change your password. Further details can be obtained through the help centre located at https://intercom.help/whatsmineapp
(c) avoid using the same password for multiple online accounts; and
(d) we will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from WhatsMine asking you to do so, please ignore it and do not respond.
The Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au/ (this website is not provided by us).
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.
We will update the Site as often as is practicable, but information can change rapidly we do not guarantee its accuracy at any time. The Site has been prepared under Australian law. Nothing in it constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business. We cannot give any undertaking, that goods or services you purchase from Program Operators will be of satisfactory quality, and any such warranties are disclaimed absolutely. This disclaimer does not affect your statutory rights against the Program Operator. Where you order goods or services from Program Operators through the Site we may disclose your customer information related to your membership of the relevant Loyalty Program with the relevant Program Operator.
By using the Site, you agree that your access to, and use of, the Site is subject to these Terms of Service and all applicable laws and is at your own risk. While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. Any reference to products or services on the Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by us.
Subject to any non-excludable provisions in the Competition and Consumer Act 2010 and similar State or Territory legislation in Australia:
we expressly disclaim any implied or express warranties or conditions of any kind, including non-infringement of intellectual property rights relating to information or materials accessible from or on the Site; and
we are not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if we are expressly advised of the likelihood of such loss or damage.
To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the Site.
Any indemnity, agreement, representation or promise provided by us as set out in these Terms of Service is an indemnity, agreement, representation or promise also provided by you to the employees, officers, agents and shareholders of us and our related entities in relation to the Site.
We may from time to time provide automatic notifications and voluntary account-related notifications. Automatic notifications may be sent to you following certain changes made within the Site such as changes to these Terms of Service.
Voluntary account notifications may be turned on by default as part of the Site. As the functionality of the Site improves, you may then be able to customise, deactivate or reactivate the notifications. We may add new notifications from time to time or cease to provide certain notifications at any time at our sole discretion and without notification to you. Each notification has different options available, and you may be asked to select from among these options upon activation of your notifications service. At any time, you may disable notifications in the account settings on the Site, although we may still send you Site-related notices as needed to allow us to provide you with the Site.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We do our best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that we will not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of an notification; or for any actions taken or not taken by you or any third party in reliance on a notification.
You may print and keep a copy of these Terms of Service, which form the entire agreement between you and us and supersede any other communications or advertising with respect to the Site. These Terms of Service may only be modified with our prior written consent. We may revise or alter these Terms of Service at any time. Revisions and alterations will be posted on the Site. Users are responsible for reviewing the Site from time to time to ensure compliance.
If any provision of these Terms of Service is declared void, illegal, or unenforceable, the remainder of these Terms of Service will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
Any failure by any party to these Terms of Service to enforce at any time any term or condition under these Terms of Service will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms of Service.
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia. The Site may be accessed throughout Australia and overseas. We make no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
This agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us, you may do so by closing your account for the Site.
Please use the directions below to cancel your account, only if you have created a profile. Otherwise, just uninstall and stop visiting the Site.
Once you have emailed us, within a reasonable time:
your account will be closed, and your ability to log in deactivated; and
Should you have any enquiries in relation to the Site or these Terms of Service, please contact us at email@example.com. Complaints about a specific Loyalty Program, Third-Party Product or Third Party Offer must be directed to the relevant Program Operator through the contact details provided on the Program Operator’s website, for resolution directly with them. We have no obligation to help resolve disputes with Program Operators in relation to any Loyalty Program, Third Party Product or Third Party Offer.