Goalstar Rewards Program Terms & Conditions

1. Definitions and interpretation

1.1 Definitions

The following definitions apply where used in this Agreement unless the context requires otherwise:

Acceptance Date means the date of Your acceptance of this Agreement.

Account means an account created by You or Your Children when using Our Website or Services.

Agreement means this document and any annexures or schedules attached to it.

Associated Entity has the meaning given to that term in the Corporations Act 2001 (Cth).

Child means a person under the age of majority in Your jurisdiction registered under the Goalstar Rewards Program, and Children has a corresponding meaning.

Content means information available by Us to You through Our Website and Services.

Effective Date means the date that You register for a Subscription Plan with Us.

Free Trial means the period of time that Our Website and Services are made available to You free of charge.

Gift Card or Special Offer means an electronic, digital gift card, gift voucher, gift certificate, gift token or such other similar item that has a pre-paid value issued by an organisation to be used as an alternative to cash for purchases of goods or services from that organisation.

Goalstar Rewards Program means a program available on Our Website through Our Services enabling Your Children to:

• (a) set goals and missions; and
• (b) track and monitor the progress of such goals and missions,

in exchange for Rewards Points upon completion by Your Children of such goals and missions, once approved by You.

GST means a goods and services tax, or a similar value added tax, levied or imposed under the GST Law.

GST Law has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and words and expressions defined in the GST Law have the same meaning in clauses concerning GST.

Half-yearly Subscription Plan means a Subscription Plan for a Subscription Term of six (6) months.

Intellectual Property Rights means all rights pertaining, but not limited, to trademarks, service marks, logos, patents, copyrights, processes know-how, registered designs, text, graphics, photos or web-interactive features or other like rights or any rights to apply for registration of any of the former under Australian Laws or foreign Laws and international conventions.

Laws means and includes the provisions of any statutes, acts, ordinances, rules, regulations, other delegated legislation, codes and the requirements of any:

• (a) Australian Commonwealth, state and local government departments, bodies, and public authorities or other authority; or
• (b) foreign laws and international conventions.

Mission Task means any task or activity (mental or physical) undertaken by Your Child pursuant to a goal or mission set by You and/or Your Child under a Goalstar Rewards Program.

Monthly Subscription Plan means a Subscription Plan for a Subscription Term of one (1) month.

Privacy Policy means Our policy relating to the privacy of Your personal information processed pursuant to the terms of this Agreement as updated or modified from time to time.

Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).

Rewards Points means any points earned by Your Child, towards achievement of their Mission Tasks associated with their set goals and missions under a Goalstar Rewards Program, which can be exchanged for rewards by You to Your Child including by You providing Your Child with Gift Cards or Special Offers, monetary rewards, or any other rewards offered by a Goalstar Rewards Program from time to time.

Services means the services that are available to You and Your Children, during a Free Trial or during a Subscription Term under a Subscription Plan chosen by You, and made accessible to You or Your Children online by Us through Our Website, including the Goalstar Rewards Programs.

Subscription Plan means the plan selected by You when registering with Us online entitling You and/or Your Children to the use of Our Services including access to the Goalstar Rewards Programs, applicable for one Goalstar Rewards Program and one Child only.

Subscription Term means the period of time beginning on the Effective Date and ending at the earlier of:

• (a) the expiry of the period You have chosen under Your Subscription Plan; or
• (b) the termination of Your Subscription Plan in accordance with the terms of this Agreement.

Terms of Service means the terms of this Agreement as updated or modified from time to time.

Third-Party Owned Facilities has the meaning given to that expression in clause 6(a)(i).

User means a person authorized by You to use the Services, in accordance with Your Subscription Plan, that has been supplied with user identification and password by You (or by Us at Your request) and includes but is not limited to Your Children.

We, Us or Our means Pintech Global Technologies Pty Ltd ACN 635 313 987.

Website means Our website, www.goalstarrewards.com, accessed via the internet, mobile telephone or other device or any other website through which We make Our Services available from time to time.

Yearly Subscription Plan means a Subscription Plan for a Subscription Term of twelve (12) months.

You or Your means the individual accepting this Agreement and includes any person authorised by Us to use Our Website and/or Services under Your Subscription Plan, including Your Children.

Your Data means any data, information, documentation or material (electronic or otherwise) submitted by You or Your Children, or for You or for Your Children, to the Services or in relation to the Services.

1.2 Interpretation

In this Agreement, unless the contrary intention appears:

• (a) headings are for ease of reference only and shall not be relevant to interpretation;
• (b) words in the singular number include the plural and vice versa;
• (c) words importing a gender include any other gender;
• (d) a reference to a person includes bodies corporate and unincorporated associations and partnerships;
• (e) a reference to a clause is a reference to a clause or subclause of this Agreement;
• (f) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings; and
• (g) monetary references are references to Australian currency.

2. General

• (a) We provide Our Website and Services to You under the terms of this Agreement during the Free Trial and/or during the relevant Subscription Term applicable for your chosen Subscription Plan.
• (b) By accessing, registering for, using or downloading Our Website and Services, You agree to the terms of this Agreement.
• (c) You agree that You are only permitted to use Our Website and Services if You agree to the terms of this Agreement and Privacy Policy.
• (d) If You do not agree to the terms of this Agreement and Privacy Policy You must not access and do not have the right to use Our Website and You must not download or use Our Services.

3. Free Trial

• (a) If You register on Our website for a Free Trial, We will make Our Services available to You on a trial basis free of charge until the earlier of:
  • (i) four (4) weeks from the date of Your registration on Our Website;
  • (ii) the Effective Date; or
  • (iii) termination by Us in our sole discretion.
• (b) Additional Free Trial terms and conditions may appear on the trial registration web page of Our Website and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
• (c) Any data you enter into the Services, and any customizations made to the Services by or for You, during Your Free Trial, will be permanently lost unless you purchase a Subscription Plan for Our Services before the end of the Free Trial period.

4. Privacy Policy

Our Privacy Policy:

• (a) lists Our privacy practices about Your personal information; and
• (b) can be found by clicking here Privacy Policy.

5. Compliance and disclosure

• (a) You agree that We have the right to contact You and seek more information from You in connection with:
  • (i) Your compliance of the terms of this Agreement; and
  • (ii) Your Data, activities or content placed by You to the Services or in respect of Our Services.
• (b) By accessing Our Websites and using Our Services, You acknowledge and agree that:
  • (i) We may keep records of Your Data, activities or content placed by You to the Services in connection with Our Services;
  • (ii) We may disclose Your Data, activities or content placed by You to the Services in connection with Our Services if required to do so by any Law or in good faith provided that such action is reasonable and necessary to:
    • A. comply with any Law;
    • B. enforce the terms of this Agreement;
    • C. respond to any claims that Your activities in connection with Your Data, activities or content placed by You to the Services in connection with Our Services violate the rights of third parties; or
    • D. to protect Our rights, property, Intellectual Property Rights or personal safety or the rights, property, Intellectual Property Rights or personal safety of other users of Our Services or the public generally.

6. Third-Party Owned Facilities

• (a) You agree and acknowledge that:
  • (i) Our Services may contain links to third-party owned websites, or We may use Third-Party Owned Facilities such as data storage, access to information/searching services, data security and/or direct payment facilities that are not owned or controlled by Us; and
  • (ii) Third-Party Owned Facilities may be necessary or appropriate for Your access to, or Your use of, or Our Services.
• (b) You agree and acknowledge that:
  • (i) Our use of Third-Party Owned Facilities is used only for integration with Our Services and to facilitate the provision of Our Services to You;
  • (ii) Your right to make use of any Third-Party Owned Facilities is governed by the terms of the relevant third party licences, agreements, policies or terms of use and not by this Agreement;
  • (iii) You are liable for any payments due to the relevant third party in connection with any Third-Party Owned Facilities provided to You, or to Us on Your behalf, when You access or use Our Services; and
  • (iv) We are not responsible for:
    • A. the content, licensing requirements, privacy policies, or practices of any Third-Party Owned Facilities;
    • B. any transactions between You and the relevant third party, or for any problems or delays caused by outages of the third party’s servers or connectivity;
    • C. any payments due to the relevant third party in connection with any Third-Party Owned Facilities provided to You, or to Us on Your behalf, when You access or use Our Services; and
    • D. for any loss or damage caused to You due to a fault, action or inaction caused by any Third-Party Owned Facilities.
• (c) BY USING OUR WEBSITE AND SERVICES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU SPECIFICALLY RELEASE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF, OR INTERACTION WITH, ANY THIRD-PARTY OWNED FACILITIES.

7. Amendments and updates

• (a) You agree and acknowledge that:
  • (i) We have the right to update or modify the Terms of Service or Privacy Policy at any time and without notice to You;
  • (ii) all updates to the Terms of Service or Privacy Policy will be effective from the day such updates are posted online on Our Website via the links labeled ‘Terms of Service’ and ‘Privacy Policy’;
  • (iii) it is Your responsibility to regularly visit and review the Terms of Service and Privacy Policy.
• (b) If You do not agree to modifications or updates to Our Terms of Service or Privacy Policy then You must cancel Your Subscription Plan and stop using Our Services.
• (c) You acknowledge that Your continued use of Our Services after We have posted updated Terms of Service or Privacy Policy signifies Your agreement and acceptance to be bound by such updated Terms of Service and Privacy Policy.

8. Grant of license

• (a) We will make the Services and Content available to You pursuant to the terms of this Agreement during:
  • (i) the Free Trial; and/or
  • (ii) the relevant Subscription Term under Your chosen Subscription Plan.
• (b) The Services are Our sole property and are licensed to You, not sold.
• (c) We will grant You a worldwide, non-transferable, non-exclusive, revocable license to use Our Services only under the condition that You agree to abide by the terms and conditions specified in this Agreement.
• (d) You agree that:
  • (i) the license granted to You under this Agreement must be used for its intended purpose only;
  • (ii) the Services licenced to You under this Agreement exclude Content; and
  • (iii) Your chosen Subscription Plan applies for one Goalstar Rewards Program and one Child only.
• (e) We reserve all additional rights, including all Intellectual Property Rights, industrial, and proprietary rights that are not specifically granted to You under this Agreement.

9. Access to Our Services

• (a) While We use reasonable endeavours to ensure that Our Services are available continuously, We do not make any representations or warranties that Your access to Our Services will be uninterrupted, timely, secure or error free.
• (b) Your access to Our Services may be suspended without notice in the case of system failure, maintenance or repair of Our servers or facilities or for any reason beyond Our control.
• (c) Except as expressly provided otherwise in this Agreement, You agree that We have the right to change or discontinue Our Website or Services at any time.
• (d) We do not warrant that We will continue to make the Services available generally or at all and You agree that We have the right at any time to change any Content available, or material appearing, on Our Website or Services notwithstanding that such changes may necessitate new or altered equipment needed to access or use Our Services.

10. License restrictions

• 10.1 Prohibited material
  • (a) You must not, and must not allow any third party, including Your Users, to use Our Services or Website to display, store, process or transmit or permit use of Our Services or Website to display, store, process or transmit:
    • (i) material that infringes or misappropriates a third party's Intellectual Property Right or other proprietary right;
    • (ii) hate?related or violent material, and/or material advocating discrimination against individuals or groups;
    • (iii) obscene, excessively profane material or otherwise objectionable material;
    • (iv) material advocating or advancing criminal hacking, cracking, or phishing;
    • (v) material related to illegal drugs or paraphernalia;
    • (vi) malicious material;
    • (vii) unlawful software;
    • (viii) malicious code, such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or programs; or
    • (ix) material that violates, encourages or furthers conduct that would violate any applicable Laws, including any criminal Laws, or any third?party rights, including publicity or privacy rights.
• 10.2 Copy restrictions
  • (a) You agree not to infringe Our Intellectual Property Rights and to the extent permitted by applicable Laws, You agree not to:
    • (i) decompile, disassemble, or electronically transfer Our Services to third parties;
    • (ii) modify Our Services in any way;
    • (iii) reverse engineer, or permit others to reverse engineer, Our Services;
    • (iv) copy the user manuals, help features, user forums and other documentation associated with Our Services;
    • (v) rent, lend, publicly perform, present, broadcast or distribute Our Services;
    • (vi) make derivative works of Our Services;
    • (vii) translate Our Services into another computer language;
    • (viii) use Our Services on a device that You do not own or control;
    • (ix) permit multiple users to share a single user name to Our Services; or
    • (x) copy, modify, transfer, or use Our Services in a way that is not specifically permitted by Us under this Agreement.
• 10.3 Prohibited actions
  • (a) You must not use Our Services or Website to, nor allow Your Users or any third?party to use Our Services or Website to generate or facilitate unsolicited commercial email (spam), including but not limited to:
    • (i) sending communications or email in violation of any anti?spam Laws;
    • (ii) imitating or impersonating Us, another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
    • (iii) data mining or harvesting any web property to find email addresses or other user account information;
    • (iv) sending unauthorized mail via open, third?party servers;
    • (v) sending email to users who have requested to be removed from a mailing list;
    • (vi) selling to, exchanging with, sharing with or distributing to a third party personal information, including the email addresses of any person without such person's knowing and continued consent to such disclosure; or
    • (vii) sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom You have no pre-existing relationship.
  • (b) You must not use Our Services or Website to, nor allow Your Users or any thirdparty to use Our Services or Website to, carry out any of the following activities:
    • (i) undergo excessive use of CPU time, bandwidth, network capacity, disk IO, or storage space;
    • (ii) use ‘warez’, including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
    • (iii) use or launch any automated system on Our network, including (without limitation) ‘robots’ or ‘spiders’;
    • (iv) use BitTorrent’s or related technology on Our servers;
    • (v) use a false email return address to confuse other users;
    • (vi) attempt to access other accounts that do not belong to You;
    • (vii) undergo any act that interferes with the Services We provide to another user;
    • (viii) circumvent security measures on Our network or Our Services;
    • (ix) engage in illegal activities or engage in activities harmful to Our operations, Our Services or other customers and users;
    • (x) use Our Services to collect or use any personally identifiable information including, without limitation, account names, email addresses, or other such information;
    • (xi) engage in terrorist activities;
    • (xii) send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party Intellectual Property Rights or privacy rights; or
    • (xiii) provide false data on any of the Services, including fraudulent use of bank account or credit card numbers.
    • (xiv) conduct or forward multi?level marketing, such as pyramid schemes and the like;
    • (xv) generate or facilitate SMS, MMS, or other text messages or push notifications in violation of any applicable Laws including anti-spam, telemarketing or telephone consumer protection Laws;
    • (xvi) use Our Services in any manner that violates any applicable industry standards, third party policies or requirements;
    • (xvii) transmit material that may be harmful to minors;
    • (xviii) illegally transmit another person’s or entity’s Intellectual Property Rights or other proprietary information without such owner's permission;
    • (xix) impersonate another person, entity or Us (via the use of an email address or otherwise) or otherwise misrepresent such person, entity or Us or the source of any email;
    • (xx) violate the rights (such as rights of privacy or publicity) of others;
    • (xxi) promote, facilitate or encourage illegal activity;
    • (xxii) interfere with Our other users' enjoyment of Our Services;
    • (xxiii) engage in activity in connection with illegal peer?to?peer file sharing;
    • (xxiv) engage in or promote gambling, or run a gambling operation;
    • (xxv) ‘mine’ bitcoins and other cryptocurrencies;
    • (xxvi) sell, distribute or export illegal or prescription drugs or other controlled substances or paraphernalia;
    • (xxvii) access Our Services and/or Website in a manner that violates Our Terms of Service;
    • (xxviii) perform significant load or security testing without first obtaining Our written consent;
    • (xxix) remove any copyright, trademark or other proprietary rights notices contained in Our Website;
    • (xxx) use Our Services in any manner that would disparage Us; or
    • (xxxi) Use the Einstein Bot feature to communicate with any third party without clearly communicating that the individual is speaking with a bot.
• 10.4 Breach of this clause leads to immediate termination
  • (a) You agree and acknowledge that if You breach any of the conditions specified in this clause 10, We may immediately:
    • (i) terminate Your Subscription Plan and cancel Our Services to You; and
    • (ii) pursue legal action for any loss or damage suffered by Us or Our Related Body Corporates without prior notice to You.
  • (b) Your obligations under this clause 10 will survive termination or expiry of this Agreement.

11. Content and Intellectual Property Rights

You agree and acknowledge that:

• (a) by registering for, and being granted a licence to use Our Services, You are not granted any rights, or a license, to Our Intellectual Property Rights in relation to the Services or Website;
• (b) the Content, including Our Intellectual Property Rights in relation to the Services or Website, is owned by, or is licensed to, Us;
• (c) the Content, including Our Intellectual Property Rights in relation to the Services or Website, is provided to You for Your information, and use only; and
• (d) You must not, and You will not, use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, license or otherwise exploit for any purpose whatsoever the Content, including Our Intellectual Property Rights in relation to the Services or Website.

12. Data

• 12.1 Your Data
  • (a) You agree and acknowledge that:
    • (i) Your Data is owned by You or Your Children;
    • (ii) We do not own any of Your Data; and
    • (iii) You are fully responsible, and have full legal liability, for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all Your Data to the Services or in relation to the Services.
  • (b) You further agree and acknowledge that We are not responsible for:
    • (i) the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or Your right to use all Your Data to the Services or in relation to the Services; and
    • (ii) for the deletion, correction, destruction, damage, loss or failure to store Your Data.
  • (c) You agree that We have the right to:
    • (i) make a reasonable number of copies of Your Data (including electronic copies) for Our records and job purposes, and to comply with Our professional and statutory record keeping obligations; and
    • (ii) retain all Your Data until payment is made of all outstanding fees payable to Us by You.

13. Accounts

• 13.1 Your Account
  • (i) When You sign up for Your Account, You are required to give Us true, accurate, current and complete information about You and/or Your Children in all required fields of Our registration form.
  • (ii) If Your, or Your Children’s, information changes between the date You register for Your Account and the expiration or termination of Your Subscription Plan, You have the responsibility and obligation to update Your Account to reflect these changes.
  • (iii) If Your Account information is not complete, current, or accurate, You will be in breach of the terms of this Agreement and We will have the right (at Our sole discretion) to suspend or terminate Your Account.

14. Fees, payment terms, Gift Cards or Special Offers

• 14.1 Subscription Plan and fees
  • (a) We calculate and invoice the fees payable by You in advance in accordance with Your chosen Subscription Plan.
  • (b) You acknowledge and agree that:
    • (i) once You select and purchase a Subscription Plan You are liable to pay all fees specified in Your chosen Subscription Plan irrespectively of whether any Goalstar Rewards Programs have been accessed or completed;
    • (ii) all fees quoted are exclusive of GST and payable in Australian Dollars;
    • (iii) the fees are based on the Services purchased as specified in Your Subscription Plan; and
    • (iv) Your payment obligations cannot be cancelled and fees paid are non-refundable unless You advise Us in writing of Your intention to cancel Your Subscription Plan before the expiry or termination of the relevant Subscription Term.
  • (c) We do not represent or warrant that a particular Subscription Plan will be offered indefinitely and reserve the right to change the fees for, or the features and options of, a particular Subscription Plan at anytime.
• 14.2 Refund of fees
  • (a) If You advise Us in writing of Your intention to cancel Your Subscription Plan before the expiry or termination of the relevant Subscription Term, We will refund any fees that You have prepaid regarding any unused portion of the Subscription Term in Your Subscription Plan, after deducting any administration fees and charges as reasonably determined by Us.
  • (b) You acknowledge and agree that any fees accrued, or that You paid, regarding any portion of the Subscription Term under Your Subscription Plan prior to your written notification to Us of Your intention to cancel Your Subscription Plan are not refundable.
• 14.3 Payment of fees
  • (a) When purchasing a Subscription Plan, You:
    • (i) must provide accurate and complete information for payment of the fees by direct debit from Your credit card that You are authorized to use; and
    • (ii) must promptly notify Us of any changes to Your invoicing and/or credit card details.
  • (b) We do not accept personal cheques, cash, or other monetary consideration in exchange for Our Services.
  • (c) BY REGISTERING ONLINE FOR A SUBSCRIPTION PLAN, YOU AUTHORIZE US OR OUR AGENT TO CHARGE YOUR CREDIT CARD (‘AUTHORIZATION’) ON A RECURRING MONTHLY BASIS FOR A MONTHLY SUBSCRIPTION PLAN AND AT THE TIME YOU CHOOSE TO INITIATE OR RENEW A HALF-YEARLY SUBSCRIPTION PLAN OR AN ANNUAL SUBSCRIPTION PLAN:
    • (i) THE APPLICABLE SUBSCRIPTION PLAN FEES; AND
    • (ii) ANY APPLICABLE GST; AND
    • (iii) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF OUR SERVICES INCLUDING:
      • (A) ANY CREDIT CARD TRANSACTION CHARGES; AND
      • (B) ANY DISHONORED OR FAILED PAYMENT FEES AND REASONABLE LEGAL COSTS INCURRED BY US OR OUR AGENT TO COLLECT ANY AMOUNTS THAT ARE NOT PAID BY YOU WHEN DUE; AND
      • (C) ANY PAYMENTS DUE TO A THIRD PARTY IN CONNECTION WITH ANY THIRD-PARTY OWNED FACILITIES PROVIDED TO YOU, OR TO US ON YOUR BEHALF.
  • (d) The Authorization continues through the applicable Subscription Term and any renewed term until the Termination of this Agreement.
  • (e) You agree:
    • (i) to allow Us to charge Your credit card on a monthly basis in advance for providing the Services for the charges specified in Your Monthly Subscription Plan; and
    • (ii) to allow Us to charge Your credit card in advance at the time you initiate or renew a Half-yearly Subscription Plan or Yearly Subscription Plan for providing the Services for the charges specified in Your Half-yearly Subscription Plan or Yearly Subscription Plan;
    • (iii) to allow Us to charge Your bank account or credit card, as needed, for additional costs or other charges that You may accumulate in connection with Your use of Our Services; and
    • (iv) to allow Us to charge Your bank account or credit card, as needed, for any payments due to a third party in connection with any Third-Party Owned Facilities provided to You, or to Us on Your behalf, when You use Our Services.
  • (f) If You incur additional fees in connection with the Services, We will charge You in the payment period directly following the month where the additional fees were accumulated.
• 14.4 Billing policy
  • (a) Except as provided in clause 2 payments made by You in connection with the Services are not refundable.
  • (b) We will not give refunds simply because a Goalstar Rewards Program has not started or has not been completed or has been abandoned.
• 14.5 Upgrades
  • (a) You agree to pay for all upgrades to Your Subscription Plan as specified from time to time under the pricing tab of Our Website.
  • (b) If You upgrade Your Subscription Plan, We will automatically charge Your credit card with any applicable new fees on the day You upgrade Your Subscription Plan.
  • (c) If You upgrade Your Subscription Plan, it will become effective on the date We receive Your payment for the fees applicable to the upgraded Subscription Plan.
• 14.6 Additional fees and taxes
  • (a) We are not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, currency exchange fees or other fees payable by You as a result of Us invoicing You.
  • (b) You agree that You are responsible for paying all taxes, including GST, imposed by federal, state or local governmental entities on the transactions contemplated by this Agreement.
  • (c) When We have the legal obligation to pay or collect taxes for which You are responsible, including GST, the appropriate amount will be invoiced and paid by You unless You provide Us with a valid tax exemption certificate authorized by the appropriate tax authority.
• 14.7 Automatic renewal/increased fees
  • (a) If You choose a Monthly Subscription Plan, it will renew automatically unless You notify Us otherwise in writing at least thirty (30) days prior to the expiry of the Subscription Term.
  • (b) If You choose a Half-yearly Subscription Plan or Yearly Subscription Plan, You will be sent regular renewal reminders to renew Your chosen Subscription Plan before the expiry date of the relevant Subscription Term.
  • (c) You acknowledge that if You choose a Half-yearly Subscription Plan or a Yearly Subscription Plan, it will not renew automatically and that it is Your responsibility to ensure it is renewed or upgraded to a new Subscription Plan before the expiry of the relevant Subscription Term.
  • (d) During the renewed term of Your Monthly Subscription Plan, Half-yearly Subscription Plan or Yearly Subscription Plan We have the right to increase the fees charged to You, after notifying You of the increased fees.
• 14.8 Non-payment and suspension
  • (a) All payments by You must be made in advance of receiving Our Services.
  • (b) If We do not receive payment of fees, in full, for Our Services within seven (7) days of charging Your credit card, We retain the right, without notice, to suspend or terminate all Services under this Agreement.
• 14.9 Late payment fees and collection costs
  • (a) You agree:
    • (i) that if any fees are not paid when due they will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable Law, whichever is less, determined and compounded daily from the due date until the date the fees are paid;
    • (ii) that amounts due to Us may not be withheld or offset by You for any reason against amounts due or asserted to be due from Us; and
    • (iii) to reimburse Us for any costs or expenses (including, but not limited to, dishonored or failed payment fees and reasonable legal costs) incurred by Us to collect any amount that is not paid by You when due.
  • (b) We may accept payment in any amount without prejudice to Our right to recover the balance of the amount due or to pursue any other right or remedy.
• 14.10 Gift Cards or Special Offers
  • You agree and acknowledge that:
    • (a) We are not the supplier of the Gift Cards or Special Offers available for purchase by You while using Our Services;
    • (b) We are only a facilitator of the Gift Cards Or Special Offers available for purchase by You while using our Services, sourcing such Gift Cards or Special Offers from third-party suppliers once You place an order and make the relevant payment to Us for a Gift Card or Special Offer;
    • (c) if you change your mind subsequently to placing an order and paying for a Gift Card or Special Offer through Us while using Our Services, no refund will be available or made to You;
    • (d) if We are unable to source from Our third-party supplier the Gift Card or Special Offer that You ordered and paid while using Our Services then We will either provide you with an alternative Gift Card or Special Offer of your choice (if available) or we will provide you with a refund equal to the amount paid for the Gift Card or Special Offer that we are unable to supply to You;
    • (e) if We are unable to provide You with an alternative Gift Card or Special Offer:
      • (i) We will provide You with a refund equal to the amount paid for the unavailable Gift Card or Special Offer; and
      • (ii) You acknowledge that any Rewards Points deducted from a Goalstar Rewards Program will not be reinstated to the relevant Goalstar Rewards Program.

15. Term and termination

• 15.1 Term of Agreement
  • (a) This Agreement commences on the Acceptance Date and continues until the expiration of Your chosen Subscription Plan or as may be otherwise terminated under this Agreement.
  • (b) if You choose a Monthly Subscription Plan it will automatically renew for an additional term equal to the initial monthly Subscription Term unless You give Us written notice:
    • (i) of non-renewal at least thirty (30) days before the expiry of the Subscription Term; or
    • (ii) that You wish to choose a new Subscription Plan.
  • (c) If You choose a Half-yearly Subscription Plan or a Yearly Subscription Plan such Subscription Plans will not automatically renew upon expiry of the relevant Subscription Term.
  • (d) If You wish to continue using Our Services under a Half-yearly Subscription Plan or a Yearly Subscription Plan then You have the responsibility of ensuring the renewal of such Subscription Plan prior to the expiry of the relevant Subscription Term or within six (6) weeks of such expiry.
• 15.2 Termination by Us
  • (a) You agree that We have the right, at Our sole discretion, to terminate Your Subscription Plan or Your use of the Services and may withhold, remove and/or delete Your Data without notice if:
    • (i) You breach the terms of this Agreement; or
    • (ii) You become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of
  • (b) A breach of this Agreement includes, but is not limited to, Your non-payment of fees and Your failure to abide by the terms and conditions of this Agreement.
  • (c) If We terminate Your Subscription Plan:
    • (i) Your right to use the Services will stop immediately;
    • (ii) You will be responsible for backing up Your Data within six (6) weeks from the date of termination;
    • (iii) You will not have any access to Your Data except for the purpose of backing them up within six (6) weeks from the date of termination;
    • (iv) We may withhold, remove and/or delete Your Data; and
    • (v) You will remain liable for any unpaid fees covering the remainder of the Subscription Term.
  • (d) You acknowledge and agree that if We terminate Your Subscription Plan:
    • (i) You will not be entitled to any pro-rated refunds for any Goalstar Rewards Programs that have not been started or are incomplete or abandoned; and
    • (ii) You will not be relieved of Your obligation to pay any fees payable to Us for the period covering the remainder of the relevant Subscription Term.
• 15.3 Termination by You
  • (a) You have the right, after providing Us with thirty (30) days’ written notice, to terminate Your Subscription Plan with Us.
  • (b) If You terminate Your Subscription Plan:
    • (i) Your right to use the Services will stop immediately;
    • (ii) You will be responsible for backing up Your Data within six (6) weeks from the date of termination;
    • (iii) You will not have any access to Your Data except for the purpose of backing them up within six (6) weeks from the date of termination; and
    • (iv) You will remain liable for any prepaid fees covering the portion of the Subscription Term prior to Your notification to Us of Your intention to terminate Your Subscription Plan.
  • (c) You acknowledge and agree that if You terminate Your Subscription Plan:
    • (i) You will not be entitled to any pro-rated refunds for any Goalstar Rewards Programs that have not been started or are incomplete or abandoned; and
    • (ii) You will not be relieved of Your obligation to pay any fees payable to Us for the period prior to the cancellation of Your Subscription Plan.
• 15.4 Expiry of Subscription Term
  • (a) If You cancel Your Monthly Subscription Plan or if Your Half-yearly Monthly Subscription Plan or Yearly Subscription Plan expires without being renewed:
    • (i) Your right to use the Services will stop immediately;
    • (ii) You will be responsible for backing up Your Data within six (6) weeks from the cancellation or expiry date of the relevant Subscription Plan;
    • (iii) You will not have any access to Your Data except for the purpose of backing them up within six (6) weeks from the cancellation or expiry date of the relevant Subscription Plan; and
    • (iv) You will remain liable for any unpaid fees in respect of the relevant expired Subscription Term.
  • (b) You acknowledge and agree that if You cancel Your Monthly Subscription Plan or if Your Half-yearly Monthly Subscription Plan or Yearly Subscription Plan expires without being renewed:
    • (i) You will not be entitled to any pro-rated refunds for any Goalstar Rewards Programs that have not been started or are incomplete or abandoned; and
    • (ii) You will not be relieved of Your obligation to pay any fees payable to Us in respect of the relevant expired Subscription Term.
  • (c) If You choose:
    • (i) to reinstate a cancelled Monthly Subscription Plan or to upgrade to a new Subscription Plan after the cancellation of a Monthly Subscription Plan, within six (6) weeks from such cancellation; or
    • (ii) to renew an expired Half-yearly Subscription Plan or Yearly Subscription Plan or to upgrade to a new Subscription Plan after the expiry of a Half-yearly Subscription Plan or Yearly Subscription Plan, within six (6) weeks from such expiry,

then We acknowledge that Your Data as at the cancellation of the Monthly Subscription Plan or expiry date of the Half-yearly Subscription Plan or Yearly Subscription Plan (as the case may be) will be made available for use in Your new chosen Subscription Plan.

• • (d)You acknowledge that if You:
    • (i) do not reinstate a cancelled Monthly Subscription Plan or do not upgrade to a new Subscription Plan after the cancellation of a Monthly Subscription Plan, within six (6) weeks from such cancellation; or
    • (ii) do not renew an expired Half-yearly Subscription Plan or Yearly Subscription Plan or do not upgrade to a new Subscription Plan after the expiry of a Half-yearly Subscription Plan or Yearly Subscription Plan, within six (6) weeks from such expiry,

then Your Data as at the cancellation of the Monthly Subscription Plan or expiry date of the Half-yearly Subscription Plan or Yearly Subscription Plan (as the case may be) will be lost forever and will not be available for use in any new Subscription Plan you may choose after such six (6) week period.

16. Representations and warranties

• 16.1 Our representations and warranties
  • (a) We represent and warrant that in providing the Services to You under this Agreement:
    • (i) We have the authority and are legally able to form a binding contract with You;
    • (ii) We will conform to generally accepted industry standards and practices;
    • (iii) We are equipped, qualified and sufficiently experienced to provide You with the Services; and
    • (iv) We are sufficiently staffed and equipped to fulfill Our obligations under this Agreement.
• 16.2 Your representations and warranties
  • (a) By registering for and using Our Services:
    • (i) You agree that when You use Our Services, it is Your responsibility to ensure that You provide full and accurate information in relation to each Goalstar Rewards Program to be completed through the Services.
    • (ii) You represent and warrant that if You do not provide full and accurate information in relation to each Goalstar Rewards Program to be completed through the Services You may compromise the quality and accuracy of the generated Goalstar Rewards Program.
    • (iii) You represent and warrant that You and/or Your Child are solely responsible, and You accept full liability under any Laws, for any physical, psychological or other harm or injury (including death) to Your Child as a result of Your Child performing any Mission Task.
    • (iv) You represent and warrant that You are financially able to pay the fees required under this Agreement and any additional fees that may be assessed at a later date.
    • (v) You represent and warrant that You are legally able to form a binding contract with Us, and You are not prevented from receiving Our Services under any Laws.
    • (vi) You agree that You have no authority to bind Us or Our Related Bodies Corporate to any contract or create any liability against Us or Our Related Bodies Corporate in any way or for any purpose.
    • (vii) You agree to provide current and accurate personal information, contact details, bank account or credit card details, and other information as part of the registration process for access to Our Services.
    • (viii) You agree to be solely responsible for Your Data and other information on Your Account including Your username and password which are personal to You and should not be used by any other individual or entity.
    • (ix) You agree to be solely responsible for maintaining the confidentiality of Your Account information, and You are responsible for all activities that occur under Your Account.
    • (x) You agree that You are solely responsible for backing up Your Data and that We are not liable for any loss or damage that arises from Your failure to back up Your Data.
    • (xi) You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security and that We are not liable for any loss or damage arising from Your failure to provide Us with such information or to keep Your Account secure.
    • (xii) You agree that Your Data is Your sole responsibility and that We do not claim ownership to, or responsibility for, Your Data.
    • (xiii) You agree to use Our Services only for purposes that are legal and according to the terms of this Agreement and any applicable policies or guidelines.
    • (xiv) You agree that You will not engage in any activity that interferes with or disrupts Our Services or servers or networks connected to Our Services.
    • (xv) You agree that We have the right, but not the responsibility, of monitoring or reviewing any activity in relation to Our Services.
    • (xvi) You agree that You are responsible for the conduct of Your Users of Your Account.
    • (xvii) You agree that You are responsible for Your Data that is created, transmitted, stored, or displayed by, from, or within Your Account while using Our Services.
    • (xviii) You agree that You are responsible for any consequences, legal or otherwise, that arise from Your use of the Services.

17. Indemnities

By accessing, registering for, using, or downloading Our Services You agree to indemnify Us, defend Us and hold Us harmless including Our Related Bodies Corporate, Associated Entities, officers, employees, agents, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including legal costs) related to:

• (a) any claim due to or arising out of Your breach of this Agreement, including but not limited to a claim arising out of a breach of Your representations or warranties made under this Agreement;
• (b) Your use of and/or access (or any use or access by a third party on Your Account) to Our Website or Services;
• (c) Your Child’s performance of any Mission Task;
• (d) Your violation of any third party right, including without limitation, any Intellectual Property Rights, copyright, property, moral or privacy right; or
• (e) the unavailability of Our Website or Services.

18. Limitation of liability

• 18.1 Disclaimer of consequential damages
  • (a) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WE AND OUR RELATED BODIES CORPORATE, ASSOCIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, AND WHETHER SUCH CLAIMS ARE MADE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL REMEDY.
  • (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RELATED BODIES CORPORATE, ASSOCIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE FOLLOWING:
    • (i) YOUR USE OF OUR WEBSITE OR SERVICES;
    • (ii) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES AND/OR CONTENT;
    • (iii) PERSONAL PHYCICAL OR PSYCHOLOGICAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR OR YOUR CHILD’S ACCESS TO AND USE OF OUR WEBSITE AND/OR SERVICES OR YOUR CHILD’S PERFORMANCE OF ANY MISSION TASKS;
    • (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
    • (v) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS AND/OR THIRD PARTY PROVIDERS;
    • (vi) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND/OR SERVICES BY ANY THIRD PARTY;
    • (vii) ANY LOSS OF YOUR DATA FROM OUR WEBSITE AND/OR SERVICES;
    • (viii) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE AND/OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL REMEDY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR
    • (ix) THE DISCLOSURE OF INFORMATION PURSUANT TO THIS AGREEMENT OR OUR PRIVACY POLICY.
• 18.2 Cap on damages
  • (a) OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO YOUR USE OF OUR WEBSITE AND/OR SERVICES (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE REMEDY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR OUR SERVICES GIVING RISE TO THE CLAIM UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO THE LIABILITY, OR $100, WHICEVER IS GREATER.
  • (b) THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THE LIMIT SPECIFIED IN THE ABOVE CLAUSE.
  • (c) YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH OUR WEBSITE OR SERVICES IS TO CANCEL YOUR ACCOUNT AND SUBSCRIPTION PLAN WITH US AND STOP USING OUR WEBSITE AND SERVICES.
  • (d) YOU AGREE THAT THE PROVISIONS OF THIS AGREEMENT LIMITING OUR LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

19. Internet delays

• (a) OUR WEBSITE AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
• (b) YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS AS SPECIFIED IN THE ABOVE CLAUSE.

20. Warranty disclaimer

• (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, OUR WEBSITE AND SERVICES ARE PROVIDED ‘AS IS’ WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
• (b) WE DO NOT WARRANT THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA.
• (c) YOU AGREE THAT:
  • (i) YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK; AND
  • (ii) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY.

21. Operation of Law

If any Laws do not allow the limitations of liability specified in this Agreement then such limitations of liability shall apply to the maximum extent permitted by Law and Our liability shall be limited or excluded as permitted under mandatory applicable Law.

22. Resolution of disputes

• (a) Should a dispute arise between You and Us, We encourage You to contact Us directly to seek a resolution to the dispute.
• (b) If there is a dispute about this Agreement that cannot be resolved between You and Us, You agree that both You and Us will seek the assistance of an arbitrator appointed by an appropriate authority in order to resolve the dispute.
• (c) The costs of resolving any dispute by arbitration will be borne by You and Us equally.

23. No agency

You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between You and Us under the terms of this Agreement.

24. Notices

You agree that We may provide You with notices, including those regarding changes to the terms of this Agreement or Privacy Policy by email, regular mail, or postings on Our Website or Services.

25. Miscellaneous

• 25.1 Entire agreement
  • (a) This Agreement constitutes the entire agreement between You and Us and governs Your use of Our Services, superseding any prior agreements between You and Us for the use of Our Services.
  • (b) You agree that You may be subject to additional terms and conditions, rules, regulations, and applicable Laws that may apply when You use Our Website and Services.
• 25.2 Choice of law and jurisdiction
  • (a) The terms of this Agreement and the relationship between You and Us are governed by the laws of the State of New South Wales in the Commonwealth of Australia.
  • (b) You and We agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New South Wales in the Commonwealth of Australia.
• 25.3 Location and data transfers
  • (a) Our Services and the servers that make Our Services available may not be located in the country where You live and are governed by Australian Laws.
  • (b) By using Our Services, You agree to the transfer, collection, processing, storage and use of Your Data by Us in any location.
• 25.4 Assignment
  • (a) We may assign or transfer (whether by merger, reorganization, consolidation, intellectual property, or otherwise) this Agreement or any obligation incurred under this Agreement.
  • (b) We may assign this Agreement without Your consent to a Related Body Corporate or Associated Entity that currently exists or that may be created in the future.
• 25.5 Waiver and severability
  • (a) If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force.
  • (b) If We do not enforce any right or provision in this Agreement, it does not create a waiver of those rights of provisions unless they are acknowledged or agreed by Us in writing.