Terms & Conditions

Please read these terms and conditions carefully.

Trade 25 Pty Ltd ACN 662 503 488 (Trade 25) operates a membership program known as Trade25 (Program). By signing up and participating in the Program, you agree to have accepted and be bound by these terms and conditions (Terms). Your use of the Trade 25 App, and access to the Program, is subject at all times to these Terms.

Any references in these Terms to “we” “our” or “us” is a reference to Trade 25 and any references in these Terms to “you” or “your” is a reference to the member that wishes to use the Trade 25 App and access the Program (Member).

1. Definitions

In these Terms and Conditions:

Account means the Member’s account set up on the Trade 25 App as set out in clause 2.1(b)

App Store means any mobile application store provider or operator where the Member downloaded the Trade 25 App.

Feedback means any suggestions, ideas, information, comments, process descriptions or other information that you provide to us (relating to the Program and/or Trade 25 App) from time to time;

Intellectual Property means all current and future industrial and intellectual property rights, including without limitation:

inventions, patents, copyright, trade business, company or domain names, rights in relation to circuit layouts, plant breeders’ rights, registered designs, registered and unregistered trade marks, know how, trade secrets and the right to have confidential information kept confidential, and any and all other rights to intellectual property which may subsist anywhere in the world; and
any application for or right to apply for registration of any of those rights.

Liability means, in relation to a person, any liability or obligation however it arises and whether it is present or future, fixed or unascertained, actual or contingent and including consequential, indirect or special loss or damage such as loss of profits, loss of revenue, loss of opportunity, loss due to claims of third parties of any kind, anticipatory profits or business interruption, punitive or exemplary damages.

Loss includes any loss, damage, Liability, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense on a full indemnity basis) however it arises and whether it is present or future, fixed or unascertained, actual or contingent and including consequential, indirect or special loss or damage such as loss of profits, loss of revenue, loss of opportunity, loss due to claims of third parties of any kind, anticipatory profits or business interruption, punitive or exemplary damages.

Materials means all of the materials displayed on or via the Trade 25 App, including (without limitation) all information, text, graphics, images, names, logos, trademarks, design, software and advertisements.

Offer means the discounts, rebates or other benefits made available by Retailers to Members via the Trade 25 App and Program from time to time.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Privacy Law means all legislation relating to the privacy of personal and sensitive information including but not limited to the Privacy Act 1988 (Cth) and privacy standards, codes of practice and guidelines in force from time to time.

Program means the membership program operated by Trade 25 via the Trade 25 App in which members will be able to access the Offers from the Retailers.

Retailer means a participating retailer that Trade 25 has engaged to provide Offers to the Members via the Program.

Services means the services to be provided by Trade 25 to the Member as set out in clause 2.2.

Trade 25 App means the mobile and/or web application on which the Member may redeem the Offer, as made available by the Retailer.

Trade 25 IP means the Intellectual Property relating to Trade 25, including the Program, the Trade 25 App, the Services, Materials and Feedback.

Underlying Technology means the underlying technology that is utilised by Trade 25 to supply the Services to the Member under these Terms, including but not limited to, the Trade 25 App.

Use Licence has the meaning given to it under clause 7.3(a).

2. Program

2.1 Conditions of Program

Only a natural person may become a member of the Program.
To use the Services, you will be required to set-up an account on the Trade 25 App (Account). You may only register for one Account.
You must be at least 18 years of age to register an Account.
A contract between Trade 25 and the Member for the supply of the Services will come into existence on the date Trade 25 provides written confirmation of acceptance of your Account (Contract)
By creating an Account, you agree:
1. to submit your own valid information, which may include your full name, e-mail address, mobile phone number and postal address;
2. that all information which you submit to us will be true and accurate, and not misleading, deceiving or fraudulent;
3. to keep confidential and secure, all aspects and information of your Account including your password;
4. that you are responsible for any and all uses of your Account, whether or not you have authorised such use;
5. to keep confidential and secure all aspects of other users’ Account information that you may have access to;
6. that you will not use the Services for any unlawful or otherwise prohibited activity;
7. to maintain and promptly update your Account information to keep it accurate, current and complete at all times or as soon as reasonably practicable following any changes;
8. to notify us if you discover or suspect that your Account has been subject to illegal, hacking or unauthorised use; and
9. that you are solely responsible for maintaining the confidentiality of your Account and associated password(s), and you accept responsibility for all activities that occur under your Account.
We may, from time to time (despite not having an obligation to do so) confirm or check the accuracy, legitimacy or efficacy of any information provided by you to us. Where we make a request, you must promptly provide to us any information we require to confirm that the information you submit to us is true and accurate (and not misleading, deceiving or fraudulent).
We reserve the right to refuse your access to the Trade 25 App, Services or an Account, terminate your Account or engage in any other act that we deem necessary, at any time, for any reason, at our sole discretion.
The rights and benefits provided to the Member under the Program are exclusive and personal to the Member and cannot be transferred or assigned to a third party. The Member cannot allow another person or organisation to access benefits under the Program using the Member’s subscription.
Participation in the Program and use of the Trade 25 App is free of charge.

2.2 Services

As a member of the Program, the Member will be able to access the Offers via the Trade 25 App subject to any conditions attaching to the Offer and any subsequent terms or conditions set out herein.
In order to redeem an Offer, the Member must provide proof of membership to the participating Retailer at the point of sale by presenting their Account and Purchase Order via the Trade 25 App. The Retailer reserves the right to not accept a membership should it believe that the use is unauthorised or fraudulent.
The Member acknowledges and understands that Trade 25 only promotes the Offer as part of the Program. All Offers are subject to availability and any conditions as determined by the relevant Retailer. Trade 25 does not make any warranty or guarantee as to the availability of the product subject to the Offer and Retailers reserve the right to withdraw, decrease or otherwise vary an Offer at their absolute discretion.
Trade 25 is not responsible for the actions, omissions or conduct of any Retailer.

2.3 Use of Services

The Member must not:

use the Trade 25 App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Trade 25 App or any operating system;
infringe the Trade 25 IP or the Intellectual Property of any third party in relation to the Member’s use of the Trade 25 App or any Service;
transmit any material that is defamatory, offensive or otherwise objectionable in relation to the Member’s use of the Trade 25 App or Services (as determined at Trade 25’s sole and absolute discretion);
allow any other party to use its Account;
use the Trade 25 App or any Service in a way that could damage, disable, overburden, impair or compromise Trade 25’s systems or security or interfere with other users; and
collect or harvest any information or data from the Trade 25 App, any Service or Trade 25’s systems or attempt to decipher any transmissions to or from the servers running any Service.

2.4 Acknowledgement

The Member acknowledges that:

the Services provided by Trade 25 to the Member are limited to the access of Offers via the Trade 25 App;
Trade 25 excludes all conditions and warranties whether express or implied and whether arising under legislation or otherwise as to the availability, condition, suitability or quality of the products subject to an Offer; and
the Member’s purchase of any products subject to an Offer from a Retailer will give rise to a sperate legally binding agreement between the Member and the Retailer in accordance with the Retailer’s terms of trade (to which Trade 25 is not a party) and all matters relating to the Retailer’s products, including, but not limited to, returns, delivery and warranties are solely and strictly between the Retailer and the Member.

3. Limitation Of Liability And Indemnity

3.1 Limitation of Liability

To the maximum extent permitted by law, Trade 25 will not be liable for:
1. any Loss of any kind that is directly or indirectly caused by (or results from) any wrongful, wilful or negligent act or omission of the Member;
2. any service disruption or any issues that occur due to the downtime, availability or capacity of the Trade 25 App and any Underlying Technology;
3. any Loss or Liability arising out of, Trade 25’s provision of the Services (or any other products or services under these Terms); and
4. any variation, discontinuance or unavailability of any Offers for whatever reason.
Trade 25’s maximum liability arising out of or in connection with the Terms and the provision of the Trade 25 App and Services to you, whether in contract, tort, breach of warranty or statutory guarantee or otherwise, will be limited to the:
1. resupply of the Services to you; or
2. payment of the cost of having the Services supplied again.

3.2 Indemnity

To the fullest extent permitted by law, the Member will at all times indemnify and keep indemnified Trade 25, its related entities and each of their directors, agents and employees (Indemnified) against any and all Losses and Liabilities that the Indemnified may sustain or incur as a result or arising out of, whether directly or directly, any act or omission of the Member in connection with these Terms.

3.3 Survival

For the avoidance, this clause 3 will survive the termination of these Terms.

4. General Acknowledgments And Disclaimer

4.1 Acknowledgments

From time to time updates to the Trade 25 App may be issued through the App Store. Depending on the update, the Member may not be able to use the Trade 25 App until it has updated the Trade 25 App to the latest version, and accepted any new terms (if applicable).
By using the Trade 25 App, the Member acknowledges and agrees that internet transmissions are never completely private or secure. The Member understands that any information sent using the Trade 25 App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The Trade 25 App may contain links to other independent third-party websites (Third-party Sites) and may require the installation of third-party software or products (Third-party Products). The Member acknowledges and agrees that the Third-party Sites and Third-party Products are not under Trade 25’s control, and it is not responsible for and does not endorse their content or their privacy policies (if any). The Member will need to make comply with any separate terms and conditions provided by the Third-party Sites and/or Third-party Products, and it will need to make its own independent judgement regarding its interaction with any Third-party Sites and Third-party Products, including the purchase and use of any products or services accessible through them.

4.2 Disclaimer

The Member acknowledges that:

the Trade 25 App and Services are provided to you an ‘as is’ and ‘as available’ basis and we do not guarantee that the Trade 25 App and/or Services will be, available from to time and/or suitable for your needs;
Trade 25 does not warrant or guarantee that the Trade 25 App will be provided to you in an uninterrupted, continuous and error-free manner;
to the maximum extent permitted by law, the Member agrees that Trade 25 excludes all conditions and warranties whether express or implied and whether arising under legislation or otherwise as to suitability, quality or condition of the Services, or any other matter relating to these Terms;
when it purchases any product the subject of the Offer from a Retailer, this will give rise to a separate agreement between the Member and the Retailer on the Retailers terms of trade and all matters relating to the Retailer’s goods, returns and warranties are solely and strictly between the Retailer and the Member;
Trade 25 cannot guarantee that our security procedures will be error-free, that transmissions of your data will always be secure or that unauthorised third parties will never be able to defeat our security measures or those of our third-party service providers; and
Trade 25 disclaims any and all warranties and representations (express or implied, oral or written) with respect to the Trade 25 App and/or Services, including any:
1. implied warranties of merchantability;
2. implied warranties of fitness or suitability for any purpose; and
3. warranties of non-infringement or condition of title.

5. Privacy

By using the Trade 25 App, and/or providing any Personal Information to us, the Member acknowledges and agrees that:
1. it has read, understood and agrees to be bound by Trade 25’s privacy policy (which is available at www.trade25.com.au (Privacy Policy);
2. Trade 25 may collect, use, store and disclose the Member’s Personal Information in accordance with the Privacy Policy and all relevant Privacy Laws;
3. collecting and using technical information about you or your devices, for the purposes of improving and providing our Services, and monitoring your conduct while using the Trade 25 App and Services, and collecting information associated with your conduct to be used by us in relation to the Services;
4. Trade 25 may share the Member’s Personal Information to third parties in connection with the performance of the Services, including to Retailers; and
5. while Trade 25 may collect Personal Information, in accordance with these Terms, without limiting its right to make reasonable enquiries to ascertain the legitimacy of that Personal Information, at no stage is Trade 25 responsible for (nor does it make any representations or warranties with respect to) the Personal Information, nor is it obligated to confirm or check the accuracy or legitimacy of the Personal Information.

6. Promotional Material

By signing up to the Program, you consent to receive promotional material and communications from Trade 25 and its Retailers via the Trade 25 App or your phone number, and at your email address, postal address, and any other applicable means from time to time.
If you do not wish to receive promotional material or communications from Trade 25 and/or its Retailers in future, you may elect to unsubscribe from the service in clause 6(a) by providing written notice to Trade 25.

7. Intellectual Property

7.1 Ownership

You acknowledge and agree that:

all rights, title and interest in the Trade 25 IP, anywhere in the world, belong to us or our licensors;
all rights in relation to the Trade 25 IP are licensed (not sold) to you;
you hold no proprietary rights, title or interest in the Trade 25 IP, other than the right to use such property in accordance with these Terms; and
nothing contained in these Terms shall be construed as an assignment or transfer of the Trade 25 IP to you.

7.2 Moral Rights

You irrevocably and unconditionally consent to all uses, acts or omissions by or on behalf of Trade 25, its assigns, licensees, or successors in title or any of its authorised persons of, or in relation to, the Trade 25 IP (if any), including any uses, acts or omissions which would otherwise breach any Moral Rights.

7.3 Licences

Trade 25 grants to you a limited, royalty-free, non-exclusive, non-transferrable, non-sublicensable, revocable, Australia-wide licence to use the Trade 25 IP to access the Trade 25 App and the Services, for the duration of these Terms, subject to these Terms and the Privacy Policy (Use Licence).
You acknowledge and understand that you are solely responsible for your use of the Trade 25 IP.

7.4 Use Licence Restrictions

Except as expressly set out in these Terms or as permitted by any local law, you undertake and agree that you will not (and will not allow any person using your Account to), without our prior written consent:

rent, lease, sublicence, loan, sell or use for commercial purposes, the Trade 25 IP;
modify, alter, merge, adapt, translate, reverse-engineer, decompile, disassemble, or make derivative uses of, the whole or any part of the Trade 25 IP;
copy, imitate, mirror, reproduce, distribute, disseminate, publish, download, display, perform, post or transmit any Trade 25 IP in any form or by any means;
permit the Trade 25 App or any part of it to be combined with, or become incorporated in, any other programs;
copy the Trade 25 App except where such copying is incidental to normal use of the Trade 25 App, or where it is necessary for the purpose of back-up or operational security;
use the Trade 25 IP in a way that may (or does) damage, disable, overburden, interfere with, or adversely affect the functionality of the Trade 25 IP, and/or Services;
use any data mining bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, in connection with the Trade 25 App or Services, or collect any information from the Trade 25 App or Services;
use the Trade 25 IP and/or Services in a way that may (or does) bring our business, the Trade 25 App or Services into disrepute;
use the Trade 25 IP unlawfully, in an inappropriate way or in a manner inconsistent with these Terms;
infringe our rights (or the rights of any third parties) in relation to the Trade 25 IP;
bypass or avoid our security features or measures which have been implemented on the Trade 25 App or in connection with the Services (or attempt to do the same);
apply to register, or challenge the validity of, the Trade 25 IP;
provide or otherwise make available the Trade 25 App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
fail to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Trade 25 App or any Service.

8. Use Of Third-Party Facilities

8.1 App Stores

The Trade 25 App may be downloaded from either the Apple Inc (Apple) application store (Apple App Store) or the Google LLC (Google) android application store (Google Play Store).
You acknowledge:
1. “Apple”, “Apple Pay”, “Touch ID”, the Apple logo, “iPhone” and other trademarks registered in the U.S. and other countries, are the property of Apple;
2. “Android”, the Android logo, “Google Play”, and other trademarks registered in the U.S. and other countries, are the property of Google;
3. these Terms are solely between you and us and not with Apple or Google;
4. we, not Apple or Google, are solely responsible for the Platform and the content contained within the Platform;
5. use of the Platform is subject to any additional restrictions set out in the usage rules for the Apple App Store and the Google Play Store;
6. to the extent that there is a conflict between these Terms and the terms of use for the Apple App Store or the Google Play Store, the terms and conditions of the Apple App Store or the Google Play Store will prevail; and
7. Apple and/or Google has no obligation whatsoever maintain the Platform and/or provide support services with respect to the Platform.

8.2 Google Maps

The Platform may provide you with access to Google Maps.
Your use of Google Maps is subject in all respects to the Google Maps Terms of Service and Privacy Policy as amended from time to time.

9. Termination

Either party may, at any time, for any reason, terminate these Terms immediately by written notice to the other party.
Trade 25 may terminate these Terms, at any time, without notice, where the Member breaches these Terms.
On termination for any reason:
1. all rights granted to the Member under these Terms shall immediately cease
2. the Member will no longer be granted access to (and must immediately cease using) the Services and the Trade 25 App;
3. the Use Licence will be immediately and automatically revoked (and the Member must immediately cease using the Trade 25 IP and Trade 25’s Confidential Information in any manner).
Trade 25 reserves the right in its sole and absolute discretion to suspend or terminate your participation in the Program without notice.
Any termination of these Terms does not relieve the other party of any obligation remaining to be or performed by it or capable of having effect after such termination and is without prejudice to any right or cause of action already accrued to either party in respect of any breach of this by the other party.

10. General

We will not be liable or responsible for any failure to perform, or delay in the performance of, any of its obligations under these Terms that are caused by any act or event beyond our reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labour stoppages or slowdowns or other industrial disturbances, epidemics, pandemic or passage of Law or any action taken by a governmental or public authority, including imposing an embargo (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
1. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
2. we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
Trade 25 may change these Terms at any time for any reason. In the event of such change, Trade 25 will notify you the details of the change through your nominated email or when you next access the Trade 25 App (where the terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services and the Trade 25 App).
The Member may not assign or otherwise deal with its rights or obligations under these Terms without the written consent of Trade 25. Trade 25 may assign these Terms at any time, for any reason, by notice to the Member.
Enforcement of these Terms is solely at Trade 25’s discretion and its failure to enforce a provision does not constitute a waiver of its right to enforce such provision.
Each of the provisions of these Terms operates separately. If any court or competent authority decided that any of them are unlawful or unenforceable, the remaining conditions
These Terms are governed by and must be construed in accordance with the laws applicable in South Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia.