Terms & Conditions

1. Introduction

   1. These terms and conditions (Terms) are entered into between Workplacer Pty Ltd (ABN 58 662 295 365), Kynect Pty Ltd (ABN 50 649 859 496) and My Mall Pty Ltd (ABN 85 672 649 722) (we, us or our) and you, together the Parties and each a Party.
   2. We provide a cloud-based, software as a service platform where you can unlock exclusive cash back rewards on applicable transactions. (Platform).
   3. You are accessing the Platform as an authorised user of the account holder who is our client (Account Holder). If the Account Holder’s agreement with us is suspended or terminated for any reason, your access to the Platform will also be suspended or terminated.

2. Acceptance and Platform Licence

   1. By clicking on “I accept” (or similar button or checkbox) or by using or accessing the Platform, you accept these Terms.
   2. We may amend these Terms at any time, by providing written notice to you. By accepting or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cease accessing the Platform.
   3. If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service.
   4. If you access or download our mobile application from the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
   5. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
   6. When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
      1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
      2. using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
      3. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
      4. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
      5. facilitating or assisting a third party to do any of the above acts.

3. Access to the Platform

   1. You must register using a valid email and where requested a mobile phone number on the Platform to access the Platform’s features. You must also nominate a bank account and link a credit or debit card in order to access and use our Platform (Linked Card). Details of any debit
   2. card(s) and credit card(s) linked through our Platform are retained and stored by our third party payment provider, Tyro, not us.
   3. All personal information you provide to us will be treated in accordance with our Privacy Policy.
   4. You agree not to share your login details with any other person. Your login is personal and you must not transfer or provide it to others.
   5. You are responsible for keeping your login details and your username and password confidential and keeping information up-to-date (ensuring it remains true, accurate and complete).
   6. You will be liable for all activity via your login. You agree to immediately notify us of any unauthorised use of your login.
   7. Without limiting our rights under clause 7.1, we may suspend your access to our Platform where we reasonably believe there has been any unauthorised access to or use of our Platform (such as the unauthorised sharing of login details for our Platform).
   8. If we suspend your access to our Platform, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Platform will end.

4. Purchasing from our Site

   1. When you purchase from the website (Site) it is operated by My Mall (ACN [672 649 722) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site. If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

5. Use of the Site

   1. You accept these Terms by placing an order via the Site.
   2. You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
   3. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
      1. anything that would constitute a breach of an individual’s privacy or any other legal rights;
      2. using the Site to defame, harass, threaten, menace or offend any person;
      3. using the Site for unlawful purposes;
      4. interfering with any user of the Site;
      5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
      6. using the Site to send unsolicited electronic messages;
      7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
      8. facilitating or assisting a third party to do any of the above acts.

6. Accounts

   1. You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history, and save your wish list.
   2. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
   3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

7. Orders

   1. You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
   2. We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
   3. It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
   4. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
   5. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
   6. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

8. Price and payments

   1. You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately.
   2. You must pay the Price upfront using one of the methods set out on the Site.
   3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
   4. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Afterpay, ZipPay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
   5. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
   6. We may from time to time issue promotional discount codes for certain products on the Site.
   7. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
   8. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

9. Delivery, title and risk

   1. If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
   2. We normally dispatch products within 48 hours of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
   3. If you need to change the delivery day or delivery address, please notify us immediately in writing.
   4. We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.
   5. Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
   6. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
   7. We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.
   8. You may have rights under the Australian Consumer Law (see below) in addition to this clause.

10. Australian Consumer Law

    1. We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.
    2. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights).
    3. Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
    4. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

11. Limitations

    1. Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
       1. neither Party will be liable for Consequential Loss;
       2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
       3. our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, $1000.
    2. You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship.

12. Our Intellectual Property

    1. You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us or our licensors.
    2. We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.
    3. You must not, without our prior written consent:
       1. copy, in whole or in part, any of Our Intellectual Property;
       2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
       3. breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.

13. Warranties

    1. You represent, warrant and agree that:
       1. you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
       2. there are no legal restrictions preventing you from entering into these Terms;
       3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
       4. you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.

14. Liability

    1. Despite anything to the contrary, without limiting any rights you may have as a consumer under the Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law):
       1. neither Party will be liable for Consequential Loss;
       2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
       3. we will have no Liability towards you in relation to this Agreement or your use of the Platform.
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15. Access

    1. We may suspend or revoke your access to the Platform at any time by giving written notice to you.
    2. Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach. Should we determine that you are in breach of these Terms, your access to the Platform will be terminated immediately.

16. Notice Regarding Apple

    1. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
    2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
    3. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
    4. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
    5. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
    6. You agree to comply with any applicable third-party terms when using our mobile application.
    7. Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
    8. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

17. General

    1. Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
    2. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
    3. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
    4. Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
    5. Governing law: This Agreement is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
    6. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you sign up to the Platform. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
    7. Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
    8. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
    9. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
    10. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

18. Definitions

    1. Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
    2. Intellectual Property Rights means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets (including the right to keep confidential information confidential), circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
    3. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Spineka Group Pty Ltd (ACN 624 039 470)

Email: legal@spineka.com