Terms and Conditions of Use

Prospora provides a simple and convenient way for a business to advertise a discount or special offer to encourage traffic to their business.

Your use and/or access to this website and/or mobile site and any associated services provided by Prospora (collectively the “Website”) is subject to your agreement of the Terms and Conditions of Use as outlined below.

This Website is owned and operated by Prospora. Your access to, use of, linking to the Website, use of software or downloading software to the Website (collectively your “Access”) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website.

“You” and “your” means the person using this Website to access and redeem discounts, incentives or offers, and any Vendor.

“Vendor” means a business or company who are using this Website to provide discounts, incentives or offers to consumers or to display advertising. For this document the terms business and company are entities as defined by ASIC.

“Customer” means any person using the Website to access discounts, incentives or offers.

“Prospora”, “Prospora Pty Ltd”, “We”, “Us” and “Our” means: Prospora Pty Ltd, ABN 60 603 663 001.

“Venue” means any physical location of a business or company.

 

1. User Agreement

By using the Prospora Website and any of its associated services and functionality you agree to be bound by these Terms and Conditions of Use (“Agreement”). Please read this Agreement carefully before using the Website.

This Agreement is formed between you and Prospora. Our address and contact details are as follows:

 PROSPORA PTY LTD                                                                                                                                                                                                                        PO BOX 6012                                                                                                                                                                                                                        DONCASTER                                                                                                                                                                                                                                    VIC 3108                                                                                                                                                                                                                                  AUSTRALIA

Email: info@prospora.com.au

If you do not agree to any terms and conditions of this Agreement, you must not use the Website. We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to the terms of this Agreement, and agree to be bound by any changes to this Agreement.

If there are any significant changes to this Agreement, we may alert you to these the next time you access the Website, but we are under no obligation to do so. You should regularly check this Agreement to make sure you are familiar with the most current version.

 

2. General

By using the Website (as defined below), you agree to be bound by these terms of use. Please review them carefully before use and/or acceptance.

 

3. Intellectual property

All trademarks, copyright, database rights and other intellectual property rights of any nature displayed on or contained in the Website together with the underlying software code are owned either directly by Prospora or by people licenced to Prospora. 

Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

You confirm that any Images and Content uploaded to our Website are wholly owned by you and that you have the right to use them and grant others permission to use them. By uploading any Images and Content to the Website you grant Prospora an irrevocable, perpetual, non-exclusive, loyalty-free, worldwide licence to use them. “Images and Content” includes any trademarked images and/or logos.

If you correspond or otherwise communicate with us, you agree that you grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved functionality of the Website or the services that we provide.

 

4. General Registration

You may be required to register on the Website to access any discounts, incentives or offers by vendors. If this is the case, you must provide the information required, and ensure that this information is accurate and current.

You must notify us of any change to the above information prior to next using the Website to access any offers, incentives or discounts after the change is known to you. This can be done by logging into your “My Account” at www.prospora.com.au or by emailing info@prospora.com.au.

If you permit another to use your registration (whether by intentionally allowing access or by creating a situation where access can be obtained), this is at your own risk and to the extent that any loss or damage is suffered by you from another using your registration, Prospora disclaims all liability to the maximum extent permitted by law.

 

5. Vendor-specific Registration

You must be a registered member to provide discounts, offers, advertising and/or any other incentive to your business on the Website. You must be a registered member to access some features of the Website.

To register as a registered member, you must be the authorised representative of a business, which is currently registered with ASIC. All registered members must be Australian bodies corporate or persons. By registering you agree that you, or the business for which you are the authorised representative, is Australian.

When registering and activating your account, you must:

1. provide us with your full name and any other requested individual information (if an individual, and if an authorised representative of an Australian entity);
2. provide us with details of the person or entity, including a valid email address, a telephone number, and any other information required by us at the time of registration.
3. ensure that any of the above information is accurate and current, and must notify us of any change to the above information as soon as possible after the change is known to you. This can be done by logging into your “My Account” at www.prospora.com.au or by emailing info@prospora.com.au.

No personal information will be shared with any other party, however any Vendor email address may be provided to any registered user if requested by that user.

Only one membership is allowed for each legal entity. You are allowed to register multiple memberships for use by the same Vendor on the condition that each membership is for a separate legal entity owned by the vendor and would be recognised as such at law (even if a subsidiary). Upon any breach of this clause, Propspora may terminate your membership and the membership of any related entity.

 

6. Vendor Offers and Advertising

Prospora does not take any payment from users for individual offers provided on this website. Any discounts, incentives or offers made available on the Website are provided by the Vendor, and any acceptance of a discount, an incentive or an offer will not involve Prospora. Customers contract directly with the Vendor and any payment is the responsibility of the customer, and provision of the goods or services is the responsibility of the Vendor. For clarity, Prospora is not responsible for any payment or provision of any good or service. Prospora is in no way liable for any Goods and Services Tax or other taxes or costs levied upon any contract or sale of goods or services between the Vendor and customer.

Vendors will not be charged to provide offers, discounts and advertising through the Website and each vendor reserves the right to cease advertising at any time.

All vendors advertising on the Website or otherwise through Prospora are subject to Australian Consumer Law. All vendors agree that they are the suppliers of, and retain responsibility and liability for any goods or services provided on the Website, including that any goods or services provided are done so in accordance with the terms of any discount or special offer displayed by the Vendor on the Website. Vendors agree that they will comply with the Australian Consumer Law at all times. Any breaches of the Australian Consumer Law remains the sole responsibility of the Vendor.

Prospora is in no way responsible for any content uploaded by any Vendor or any offer, discount or advertisement made by any Vendor. At all times, these activities are the Vendor’s responsibility. Prospora, its directors, officers, agents, employees or contractors exclude all liability for any Vendor not honouring the conditions of their advertisement.

By using this website you agree to the above terms and conditions and acknowledge that any liability for loss or damage suffered by you as a result of taking up any discount or offer on the Website, or offering any discount or offer or advertising on the Website, remains solely with the Vendor or the customer as appropriate.

 

7. Conditions of Use

You will not, nor will you allow third parties on your behalf to, attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website; or create derivative works of the Website of any kind whatsoever. You must not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Website.

The Website is currently made available to you free of charge for your personal, non-commercial use. Prospora reserves the right to amend or withdraw the Website, or charge for use of the Website or any service provided to you in accordance with these terms, at any time and for any reason. Reasonable notice will be given to you before Prospora will require any payment by you.

You acknowledge that the terms of agreement with your respective mobile network provider (Mobile Provider) will continue to apply when using the website. As a result, charges may be processed by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Website or any third party websites linked from the Website as may arise. You accept responsibility for any such charges that arise.

If you are not the bill payer for the mobile telephone or handheld device being used to access the Website and any linked third party sites, you must obtain permission from the bill payer to do so.

 

8. Availability

This Website is available for access by personal computers or handheld mobile devices that have Internet access and a current web browser. Prospora will use reasonable efforts to make the Website available at all times. However you acknowledge that the Website is provided over the Internet and mobile networks and accordingly that the quality and availability of the Website may be affected by factors outside Prospora’s reasonable control.

Prospora, any related entities and sub-contractors do not accept any responsibility whatsoever for unavailability of the Website, or any difficulty or inability to download or access content or any other communication system failure which may result in the Website being unavailable. Prospora is not liable in any way for any loss or damage suffered by you as a result of the matters contained in this clause 8.

 

9. System Requirements

In order to use the Website, a compatible mobile telephone, handheld device or personal computer and Internet access are required.

 

10. Termination

Prospora may terminate use of the Website at any time by giving notice of termination to you or to the registered user whose account you are using.

Upon any termination, (a) the rights and licences granted to you herein shall terminate; (b) you must cease all use of the Website and any associated software; (c) any rights and licences in favour of Prospora continue and are not merged or ended upon termination of your use of the Website.

 

11. Limitation of Liability

In no event will Prospora and its directors, officers, agents, employees or contractors be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, arising out of your:

1. use or access of the Website;
2. taking up any Vendor discount, incentive or offer;
3. making any discount, incentive or offer available on the Website..

Prospora is not liable to you or to the registered user for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephone as a result of the installation or use of the Website. You acknowledge that you use the Website at your own risk.

Nothing in these terms shall exclude or limit Prospora’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited by law.

 

12. Disclaimer of Warranties

To the maximum extent permitted by law, and for the avoidance of doubt, except for the mandatory consumer guarantees required under the Australian Consumer Law, Prospora hereby disclaims all warranties that may be implied from the Website. The Website and associated software are provided “as is” and “as available” without warranty of any kind.

 

13. General

Wherever in this document Prospora disclaims liability, this is to the maximum extent permitted by law only, and is not intended to circumvent any law that does not permit contracting out of its application.

This is the entire agreement between Prospora and you, except to the extent that Prospora makes any further agreement with you in respect of use or access to the Website.

These terms and conditions continues to apply even after access to the Website has ceased.

This Website, including all content, and these terms and conditions are governed by the laws of the State of Victoria, in Australia.