Last Updated: 30/10/2023

These Terms of Service ("Terms" or "Agreement") are a legal agreement between you ("you", "your") and Pikmo Pty Ltd (ABN 16 667 058 808) ("PikMo", "we", "our" or "us") and govern your use of PikMo’s services, including mobile applications, websites, content, products and services (collectively, the "Services"). Please read these Terms carefully to under your rights and obligations before using our Services.

1. Acceptance of Terms

Your access and use of PikMo Services constitute your agreement to be bound by the Terms, which establishes a contractual relationship between you and PikMo. If you do not agree to these Terms, you may be refrained from accessing or using the PikMo Services.

2. Use of Services

We offer an online platform that allows merchants ("Merchants") to showcase and advertise their businesses. Through our platform, you can explore different places and conveniently make payments for goods or services using our App.

Upon your compliance with these Terms, we grant you a personal, non-transferable, limited revocable license to download and utilize the mobile applications and websites (the "App") and its Services for your personal and non-commercial purposes. This license is royalty-free, non-sublicensable, and non-exclusive and applies to your personal device or computer system.

If you are using the App on behalf of a business, you represent to us that you have the authority to act on behalf and bind them, along with their personnel, to these Terms.

Each user shall only have one Pikmo Account and enjoy the benefit from each of the Pikmo's promotional and marketing features and activities once. Our interpretation regarding a "Pikmo Account" as each individual user uses the same electronic device and make the payment by using the same payment method in his/her Pikmo Account.

When accessing or downloading our App, you agree to abide by the Rules of Usage specified in the Terms of Service of the respective app store, whether it's the Apple App Store or the Google Play Store. You also agree to Android, Google Inc for Google Play Store users. Terms and Conditions, which include the Google Apps Terms of Service available at: https://www.google.com/accounts/hosted/en/standard_terms.html

Our Services may utilize Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service. Please note that our Services do not include the provision of a smartphone, computer, or any other necessary equipment required to access our platform. In order to use our Services, you must have:

1. A device or computer system that meets the system and compatibility requirements of our Services, which may be subject to change.
2. Reliable Internet access.
3. Compliance software.

You are responsible for ensuring that your device meets the system requirements for our Services. Any costs incurred for telephone, telecommunications, or other expenses related to accessing our Services are solely your responsibility, and we shall not be held liable for them.

3. Third-Party Service

On some occasions, you may have to or have the option to utilize services, products, and promotions offered by third parties ("Third-Party Services"), such as the third-party payment service in clause 6. If you choose to use Third-Party Services, it is your responsibility to review and understand the terms and conditions associated with those services. Your personal information may need to be provided or transmitted to that Third Party by using the Third-Party Services. We are not accountable for the performance of any Third-Party Services. Additionally, any disputes or disagreements between you and a third party regarding the terms and conditions of any Third-Party Services should be resolved directly with that third party, in accordance with the terms and conditions of your relationship with them, and not with PikMo.

The Services may contain links to third-party websites. The inclusion of any website link does not imply approval, endorsement, or recommendation by PikMo. These third-party websites are not governed by these Terms. You access such websites at your own risk. We explicitly disclaim any liability for these websites, except in case of fraud, negligence, or willful misconduct by PikMo or its directors or officers. When you use a link to navigate from the Services to a third-party website, our Privacy Policy no longer applies. Your browsing and interaction on a third-party website, including those accessed through a link in the Services, are subject to the terms, rules, and policies of that specific website.

4. Your PikMo Account

In order to make the most of the various features offered by the Services, it is necessary to create and keep an active PikMo account ("Account").

You, as the Account holder, are the only authorized user of any Account created through our Services. It is your sole responsibility to ensure that all activities conducted under your passport or Account are appropriate and in compliance with these Terms, you agree to actively monitor your Account to prevent unauthorized use by minors, and you acknowledge that you will be held fully accountable for any unauthorized use of your password or account by minors.

You are not permitted to authorize others to use your user status, and you may not assign or transfer your user Account to any other individual or entity. If you suspect that an unauthorized party may be using your password or Account, it is your obligation to promptly inform us.

In the event that you provide information that is false, inaccurate or outdated, or incomplete, or if we have reasonable grounds to believe that such information is false, inaccurate or incomplete, we reserve the right to suspend or terminate your Account and deny any current or future use of the Services (or any part thereof). Furthermore, you agree not to create a new Account or use the Services if you have previously been removed or banned by PikMo.

To create an Account, you must be at least 16 years old. However, if you are under 18, you must also obtain permission from your parent or legal guardian to use the Services and agree to these Terms.

5. Transactions with Merchant Partner

We acknowledge that our Services consist solely of the technological platform, which takes the form of the App. This platform facilitates seamless transactions between you and the Merchants.

Please note that we do not directly provide the actual goods or services that you purchase from Merchants through the Services. We are not a party to any agreement made between you and a Merchant, and we have no control over your actions, the actions of Merchants, or any other App users. The responsibility for complying with all relevant laws regarding the goods or services lies solely with the Merchants.

To the maximum extent permitted by law (including the Australian Consumer Law), we do not provide any warranty or representation regarding the safety, quantity, quality, availability, or suitability of any goods or services offered by the Merchants through the Services. We are not liable for the actions or omissions of any Merchant.

If you believe that the goods or services you purchased using the Services violate any express or implied warranty or any law (including the Australian Consumer Law), please inform us in writing. We will then consult with the respective Merchant regarding your concerns.

Please be aware that the availability of goods or services provided by the Merchants is subject to their discretion. You are responsible for directly inquiring with the Merchants to gather relevant information before purchasing goods or services through the Services. The use of the Services does not guarantee the availability of the goods or services from the respective Merchant.

6. Payment

You acknowledge that utilizing the Services may result in charges for the services or goods received from a third-party payment service provider ("Third Party Charges"). PikMo will handle the payment of applicable Third-Party Charges on behalf of the third-party payment service provider, considering it equivalent to direct payment by you. Third-Party Charges will include any relevant taxes as required by law. These charges are generally non-refundable unless determined otherwise by PikMo or mandated by the Australian Consumer Law. According to Australian Consumer Law, you may be entitled to a refund for significant issues with the Services or other remedies for minor issues.

All Third Party Charges are due immediately, and PikMo will facilitate payment using your designated preferred payment method in your Account. You will receive a receipt by email unless the third-party payment service provider issues it directly to you. In the event that your primary payment method is expired or invalid, PikMo may, on behalf of the third-party payment service provider, use an available secondary payment method in your Account.

You acknowledge that a PikMo affiliate may, at their discretion, establish, remove, or revise Third Party Charges for any services or goods obtained through the Services. This may occur at the direction of the third-party payment service provider or in certain circumstances, such as when you choose an additional service incurring an extra charge or when an item you requested is out of stock. Additionally, you understand that Third Party Charges may significantly increase in specific geographical areas during times of high demand. PikMo will make reasonable efforts to inform you of applicable Third Party Charges, but you are responsible for charges incurred under your Account.

PikMo may, in its sole direction, create promotional codes that may be redeemed for Account credit, or other features or benefits related to a third-party payment service provider’s services, subject to any additional terms that PikMo establishes occasionally provide certain users with promotional codes that result in different charges for similar services or goods. You acknowledge that the promotional codes are provided free of charge, hold no monetary value, cannot be exchanged for cash, and have no impact on your use of the Services or the Third Party Charges applied to you unless they are made available to you.

7. Rewards

You may earn rewards on purchases made at some of our partnered Merchants and the Rewards can be accumulated and maintained as a balance in your Account. For you to earn your Rewards, we must be able to verify that you have made a valid and completed rewards-earning payment.

Your Rewards held in your Account will remain credited to your Account until you redeem them by making your next purchase. However, this is subject to the following conditions:

• your Account must be an active account. If you have not logged into your Account for a continuous period of at least 18 months, your Account will be deemed inactive and your Rewards will accordingly be expired and removed unless otherwise prohibited by applicable law.
• if your Account is cancelled or deactivated for any reason, your Rewards will be irreversibly forfeited and we are not liable for any further obligation to make any payment to you.

Under no circumstances are your Rewards transferrable between users or Accounts.

If your available Rewards balance is equal to or exceeds $1,000.00, you are required to provide us with "know your customer" ("KYC", a mandatory framework for banks, financial institutions, or any body corporate that falls within this regulatory framework used for customer identification process) information upon our request. We will ask for the KYC information along with certified supporting documentation upon our request. Failure to provide the requested KYC information will result in your Account being suspended until you provide the required information.

PikMo is under no liability to guarantee the accuracy or correctness of your Rewards. We reserve the right to correct or remove the balance of your Rewards if we believe that the balance is not correct, a chargeback has been issued or fraudulent behaviour has occurred.

To clarify, it is explicitly stated that you do not acquire any proprietary rights over the monies or assets held by PikMo when you earn your Rewards in your Account. The Rewards accumulated in your Account does not represent funds held in trust by PikMo for your benefit. Your rights and entitlements are strictly confined to any personal or contractual rights or repayment that may arise from this Agreement.

8. Intellectual Property Rights

All materials used on PikMo platform or as part of the Services, unless otherwise indicated, including legal documents, text, graphics, logos, icons, sound recordings, and software, are protected by copyright, trademark, or other intellectual property rights owned or licensed by us. You are permitted to access and use these materials solely for non-commercial or personal purposes, unless otherwise permitted by law or with prior written approval from us.

If you wish to obtain approval for the use of our website materials, please contact us at [email protected].

9. Termination

We may prohibit you from accessing or using the Services, or any part of them, forthwith, without notice, in circumstances where we suspect that:

1. you are likely to or in breach of the Terms;
2. you do not, or are likely not to meet the qualifications set by applicable law or PikMo’s standards and policies for accessing and using the Services; and/or
3. there is a risk of harm to you or others resulting from the consumption of Prohibited Items provided by the Merchants through the platform.

OUR PARTNERED MERCHANTS ARE STRICTLY PROHIBITED FROM SELLING OR PROMOTING VAPE PRODUCTS, ILLEGAL DRUGS, ADULT PRODUCTS OR EXCESSIVE AMOUNTS OF ALCOHOL ("PROHIBITED ITEMS") THROUGH THE PIKMO PLATFORM. WHILE WE HAVE IMPLEMENTED MEASURES TO PREVENT THE DISPLAY OF PROHIBITED ITEMS ON THE PIKMO PLATFORM, WE CANNOT GUARANTEE THAT THESE ITEMS WILL NEVER APPEAR. IT IS IMPORTANT TO NOTE THAT EVEN IF YOU COME ACROSS PROHIBITED ITEMS LISTED ON THE PLATFORM, YOU ARE NOT ENTITLED TO PURCHASE THEM. WE KINDLY REQUEST THAT YOU PROMPTLY NOTIFY US AT [email protected] UPON ENCOUNTERING ANY PROHIBITED ITEMS. YOU CAN ALSO REFER TO SECTION 1.4.3 OF THE APP STORE REVIEW GUIDELINES (https://developer.apple.com/app-store/review/guidelines/) FOR MORE DETAILED INFORMATION.

PikMo may terminate these Terms, cease offering or deny access to the Services, or any portion thereof, in the following situations:

1. immediate termination may occur if PikMo reasonably suspects that:
   1. you have or are likely to materially breach these Terms;
   2. you do not or are likely not to meet qualifications set by applicable law or PikMo standards and policies for accessing and using the Services; and/or
   3. there is a risk of harm to you or others resulting from the consumption of Prohibited Items provided by the Merchants.
2. 14 days’ prior written notice may be provided if PikMo, acting reasonably, terminates these Terms or Services to legitimate business, legal, or regulatory reasons.

PikMo reserves the right to suspend or terminate your Account if there are reasonable grounds to believe that you are engaged in fraudulent or dishonest activities. Any non-compliance with this Agreement, acts of fraud, dishonesty, or abuse in connection with the use of the Services or your Account, or any misrepresentation of information provided to PikMo or its affiliates by you or anyone acting on your behalf may lead to termination of your Account. This may result in the cancellation of any purchases made (including store credit or vouchers) and the forfeiture of any accrued Rewards.

You are entitled to 1) terminate these Terms; 2) stop using the Services or 3) deactivate your Account at any time, for any reason, without penalty if do not violate the Terms. In either of the above scenarios, the following information about your PikMo Account will be removed and never be retrieved, including but not limited to:

1. order information;
2. any Rewards balance;
3. any other promotional activities;
4. binding relationship with third-party accounts;
5. other retained information.

Please make sure that all transactions under your PikMo Account are completed without any dispute.

10. Taxes

Taxes encompass all existing and future taxes, charges, fees, levies, or other assessments imposed by any domestic or foreign taxing authority. This includes income, telecommunications, value-added, goods and services tax ("GST"), gross receipts, excise, property, sales, withholding, social security, occupation, use, severance, environmental, license, net worth, payroll, employment, franchise, transfer, and recording taxes, fees, and charges.

Unless stated otherwise, all fees for paid Services do not include any Taxes, including GST. However, PikMo may charge Taxes, including GST, as required by law. You agree to pay these Taxes unless you provide PikMo with timely, accurate, and appropriate information and documentation that satisfies the legal and tax requirements, demonstrating that PikMo is not obligated to charge GST.

You are responsible for determining and fulfilling any Taxes associated with your use of the Services. This includes assessing, incurring, collecting, paying, or withholding Taxes. You are also responsible for determining whether Taxes, including GST, apply to your use of the Services. Additionally, you must calculate, collect, report or remit any Taxes, including GST, to the relevant tax and revenue authorities. PikMo explicitly disclaims liability for such Taxes.

PikMo may have obligations under applicable laws to report information related to tax to tax and revenue authorities or provide you with tax information regarding your use of the Services. Upon request, you must provide PikMo with the necessary information for completing any required tax information reporting and periodically recertify the provided information as required by law. By using our Services, you acknowledge that we will report the necessary information, including the total payment amount you received during the reporting period, to the applicable tax and revenue authorities. While we may send you the reported tax information, we are not obligated to do so.

11. Disclaimer of Warranty

THE SERVICES, AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROVIDE ANY WARRANTY REGARDING THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY, OR VALIDITY OF THE SERVICES OR CONTENT. THIS INCLUDES PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION, ADVICE, OPINIONS, STATEMENTS, RECOMMENDATIONS, OR ANY OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE SERVICES. WE CANNOT GUARANTEE THAT THE FUNCTIONALITY OF THE PIKMO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL CONTENT. ADDITIONALLY, WE DO NOT PROVIDE ANY WARRANTY, GUARANTEE, OR REPRESENTATION REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR PRODUCTS OR SERVICES OFFERED BY OUR AFFILIATE STORES IN CONJUNCTION WITH THE SERVICES. PIKMO DISCLAIMS ALL LIABILITIES ASSOCIATED WITH THE SECURITY OF THE PAYMENT METHOD. IT IS YOUR RESPONSIBILITY TO RESOLVE ANY DISPUTES WITH YOUR FINANCIAL INSTITUTION, CREDIT/DEBIT CARD ISSUER, OR OTHER PROVIDER OF YOUR SELECTED PAYMENT METHOD.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIKMO OR OUR SERVICE PROVIDERS, SUPPLIERS, LICENSORS, SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS AND EMPLOYEES (THE "EXCLUDED PARTIES"), SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL, CONSEQUENTIAL OR EXEMPLARY. THIS INCLUDES DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT MAY RESULT FROM THE USE OF, INABILITY TO USE OR UNAVAILABILITY OF THE SERVICES. HOWEVER, THIS LIMITATION DOES NOT APPLY IN CASES OF FRAUD, NEGLIGENCE, OR WILLFUL MISCONDUCT BY PIKMO OR ITS DIRECTORS OR OFFICERS.

ADDITIONALLY, THE EXCLUDED PARTIES, SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR PIKMO ACCOUNT, EXCEPT TO THE EXTENT ARISING FROM FRAUD, NEGLIGENCE, OR WILLFUL MISCONDUCT BY PIKMO OR ITS DIRECTORS OR OFFICERS.

IN NO EVENT SHALL THE LIABILITY OF THE EXCLUDED PARTIES TO YOU EXCEED THE GREATER OF AUD $200.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS CLAUSE WILL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.

13. Updates

We may change these Terms at any time by updating this website and your continued use of the website, Services following such update will represent an agreement by you to be bound by the terms and conditions as amended.

14. Data Privacy and Personal Data Protection Policy

By agreeing and providing your consent, you acknowledge and agree that PikMo shall engage in the collection, utilization, disclosure, and processing of your personal data in accordance with the defined purposes and modalities set forth below.

For the purposes of this agreement, personal data shall encompass information pertaining to your identity, whether directly or indirectly, including, but not limited to, your name, identification card number, address, nationality, mobile number, credit or debit card details, gender, date of birth, email address, any information provided by you to PikMo through any means, as well as information that has been or may be acquired, stored, utilized, and processed by us.

This provision of your personal data is voluntary. However, failure to provide PikMo with your personal data may result in an incomplete application for your PikMo Account, thereby potentially leading to PikMo’s inability to grant you access to the Services.

We are authorized to collect, utilize, disclose and process your personal data for the business operations and activities encompassing, but not limited to the following (referred to as the "Purpose"):

1. executing the company’s obligations in relation to any contractual agreement entered into with you.
2. providing services to you in accordance with the Terms.
3. processing, managing, or verifying Services as specified by the Terms.
4. Validating and/or processing payments in compliance with the Terms.
5. Facilitating refunds, rebates, and charges pursuant to the Terms.
6. Facilitating requisite checks as mandated by the Terms.
7. Developing, enhancing, and furnishing the necessary requirements to cater to your needs as defined by the Terms.
8. Employing personal data for internal administrative purposes, including auditing, data analysis, and database record, maintenance.
9. Fulfilling legal obligations, including the detection, prevention, and prosecution of criminal activities, as required by applicable laws, regulations, guidelines, or notices issued by government or regulatory authorities, both domestically and internationally.
10. Ensuring PikMo’s compliance with any applicable laws, regulations, guidelines, or notices issued by government or regulatory authorities, encompassing the disclosure of personal data to law enforcement agencies or courts, both domestically and internationally.
11. Responding to your queries, comments and feedback.
12. Adhering to applicable laws allowing for the utilization, collection, disclosure, and processing of personal data.

In the event that your data is shared with external third parties, such parties shall be contractually obligated to afford no less protection to said data than that provided by PikMo. Please visit our Privacy Notice website at www.pikmo.com.au/privacy for more detailed information in relation to how we treat your personal information.

15. Assignment

You may not assign, delegate, or transfer the Agreement, or your rights and obligations hereunder, to any other person in any means without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

16. Entire Agreement

The Agreement comprises the entire agreement between you and PikMo and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

17. Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of this Agreement. The parties shall make good faith efforts to replace the invalid, illegal, or unenforceable provision with a valid and enforceable provision that achieves the intended purpose of the original provision to the extent possible.

18. Notice

You acknowledge and agree that we may give notice to you through email using the latest email address you provided to us, which constitutes effective notice. Therefore, you are liable for keeping your email address information with us up to date. You may give notice to us at the email address [email protected].

19. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, performance, or termination (collectively referred to as a "Dispute"), the parties shall attempt to resolve the Dispute through good faith negotiations.

If the parties are unable to resolve the Dispute through negotiations within a reasonable time period, either party may initiate mediation by providing written notice to the other party. The mediation shall be conducted in accordance with the rules of an accredited mediation service agreed upon by the parties or, in the absence of an agreement, as determined by the mediator.

If mediation is unsuccessful in resolving the Dispute, either party may initiate litigation in the appropriate courts of Australia, and the parties hereby submit to the non-exclusive jurisdiction of those courts.

Notwithstanding the above, the parties agree that prior to commencing any legal action, they shall make reasonable efforts to engage in alternative dispute resolution methods, such as arbitration or other mutually agreed-upon methods, in order to resolve the Dispute.

The prevailing party in any dispute resolution process, including mediation, arbitration, or litigation, shall be entitled to recover its reasonable legal costs and expenses from the other party.

This dispute resolution clause shall survive the termination or expiration of this Agreement.

20. Governing Law

This Agreement and any Dispute will be construed in accordance with, and governed by, the laws of Victoria, and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.

"Law" means common law, principles of equity and any legislation, enactment, proclamation, by-law, regulation, published policy or regulatory guide passed or adopted by any government or authority with applicable jurisdiction, any amendments, consolidations or replacements of them and all orders, ordinances, regulations, rules, by-laws and policies made under them.