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My Usual – Terms and Conditions 

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Terms of Service 

By using this service, you agree to adhere to the terms covered in this document. Failure to adhere to these terms may result in termination of your service. The application is operated by My Usual (Pty) Ltd (ABN: 72 671 550 477). 

These Business Terms & Conditions (Terms) form a binding legal agreement between My Usual (Pty) Ltd, its directors, officers, employees, successors and assignees, and each person, organisation or entity using our Services (you, your or user). By using the Service, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions (Terms). Please read the Terms carefully and contact us if you have any questions. You can contact us at [email protected]. 

Definitions 

  • “App” – Refers to any application that is part of the Service. 
  • “Apps” – Refers to all the applications that are part of the Service. 
  • “Merchant” – Refers to the merchant that you are ordering the goods or services from. 
  • “Payment Processor” – Refers to the company that processes payment for your service. 
  • “Terminated Service” – Means your account is terminated. The service will no longer accept orders. 
  • “Site” – Refers to Service’s websites 
  • “Service” – Refers to the “My Usual” product including all apps, websites and any related content. 
  • “Suspended Account” – Means your account is suspended. The service will no longer accept orders. 
  • “My Usual (Pty) Ltd” – Refers to the company responsible for the development of the service. 
  • “You” refers to the customer. 
  • “We” refers to My Usual (Pty) Ltd. 

Contract 

Your use of our Services indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, that you have legal capacity to enter a contract for sale, and that you are at least eighteen (18) years of age. If this is not correct, or if you do not agree to the Terms, you are not permitted to use any of our Services. 

Privacy Policy 

The Privacy Policy on our Site sets out how we collect, use and protect your personal information. This is available at https://www.myusual.com.au/privacy.  

Amendments 

These Terms may be amended from time to time, without prior notice. Your use of our Services following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before continuing your use of our Services. Our agents, employees and third parties do not have the authority to change the Terms. 

Registration 

Each person may have one (1) account only. Basic information is required when registered on our Service. You are required to provide certain information including title, name, surname, preferred name, phone number, email address, password and marketing communication preference. 

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. My Usual (Pty) Ltd reserves the right to suspend or terminate your Account and your access to the Service if any information provided to us, proves to be inaccurate, not current or incomplete. To keep your information secure and confidential, you may be requested by us to change your password at regular intervals. 

It is your responsibility to keep your Account details and password confidential. You are liable for all activity on your Account, including purchases made using your account details. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify My Usual (Pty) Ltd of any unauthorised use of your Account. 

Payments 

You agree to pay for the Goods and or Services in full at the time of placing any order. Goods and Services Tax (GST) will be charged where applicable. You may pay for the Goods and Services by debit, credit card or any other approved payment method by My Usual (Pty) Ltd and the Merchant. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, then your order may be cancelled. 

In the absence of fraud or compliance with relevant laws, all payments made are final and you shall not have the right to cancel your purchase for any reason and further you agree to satisfy all such payments made. If you make a payment by debit or credit card, you warrant that: 

  • the information you provide to us is true and complete; 
  • you are authorised to use the debit or credit card to make the payment; 
  • your payment will be honoured by your card issuer; and 
  • that you will maintain sufficient funds in your account to cover the purchase price. 

Nothing prevents us from taking any action necessary to recover any unpaid purchase price. If you fail to pay, your information will be passed on for collection and or legal action. You acknowledge and agree that you are liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out-of-pocket expense. If you at any time exceed our payment terms and as a result are passed on for collection and or legal action, we may place a default against you with a credit reporting agency. 

Merchant’s may amend pricing or payment methods from time to time at their sole discretion. Pricing is not controlled by My Usual (Pty) Ltd. Merchant’s reserve the right to change prices at anytime without notice. 

Order Collection 

You must collect your order within 10 minutes of the order completion time set by the merchant, otherwise the Merchant may dispose of your order. You are not entitled to a refund if you fail to collect your order. 

Users and Services 

Users can access this service to place orders for good or services from a Merchant. If a user places an order with a Merchant, any agreement entered into is between the User and a Merchant. We are not a party to the agreement. We assume no responsibility for a User’s or Merchant’s compliance with any applicable laws, rules and regulations.  

We reserve the right, at any time and without prior notice, to remove or disable access to any Merchant for any reason, including Merchants that My Usual (Pty) Ltd, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service. Merchants may set out other Terms and Conditions to sales. It is your responsibility to ensure that follow their conditions. 

Security Disclosure 

If you discover a security issue with this service, you must notify My Usual (Pty) Ltd immediately. 

Consumer Guarantees 

Consumer legislation in Australia including the Australian Consumer Law (ACL) in The Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees. 

My Usual (Pty) Ltd do not provide the good’s or services provided by this Service. We have no responsibility and no liability for any good’s or services. You are required to contact the Merchant for a refund or replacement. If you fail to achieve an outcome with the Merchant then contact My Usual (Pty) Ltd. 

Copyright and Intellectual Property 

Our Service contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Service (Collective Content). My Usual (Pty) Ltd and all material used in connection with the Service are unregistered or registered trademarks of My Usual (Pty) Ltd. 

Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to My Usual (Pty) Ltd (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; and Service content, images and layout. 

You agree that, as between you and us, we own all Intellectual Property rights in the Service, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the copyright which subsists in all creative and literary works displayed in the Service. The Service is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and may have security components that protect digital information only as authorised by My Usual (Pty) Ltd or the owner of the content. 

Other trademarks, service marks, graphics and logos used in connection with the Service are the trademarks of their respective owners (collectively Third-Party Marks). Our Intellectual Property and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of My Usual (Pty) Ltd or the applicable trademark holder. 

Users of the Service do not obtain any interest or license in the Intellectual Property or Third-Party Marks without the prior written permission of My Usual (Pty) Ltd or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights. 

User License 

Subject to these Terms, My Usual (Pty) Ltd grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Service for your own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User License), and not to use the Service in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent. 

The right to use the Service is licensed to you and are not being sold to you. You have no rights in the Service other than to use it in accordance with these Terms. This Agreement and User License governs any updates to, or supplements or replacements for, the Service, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply. 

Permitted and Prohibited Conduct 

You are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to your use of the Service. In connection with your use of our Service, you agree that you will not: 

  • use the Service for any commercial or other purposes that are not expressly permitted by these Terms; 
  • submit any false or misleading information; 
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; 
  • copy, store or otherwise access any information contained on this Service or Content for purposes not expressly permitted by these Terms; 
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; 
  • use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; 
  • use our Service in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements; 
  • stalk or harass any other user of our Service or collect or store any personally identifiable information about any other user other than for purposes of providing refunds; 
  • use, display, mirror or frame the Service, or any individual element within the Service, My Usual (Pty) Ltd name, any My Usual (Pty) Ltd trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without My Usual (Pty) Ltd’ express written consent; or 
  • advocate, encourage, or assist any third party in doing any of the foregoing. 

You agree to contact My Usual (Pty) Ltd immediately if you discover any abuse of this service. If you are found to be using the service in any way My Usual (Pty) Ltd defines as abusive than you may be suspended or terminated without notice. If you are found to be using the service for any illegal purposes, then your service will be terminated, and your information will be passed to the relevant authorities. 

Content 

The Service, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Service and Collective Content, including all associated intellectual property rights is the exclusive property of My Usual (Pty) Ltd and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, or Collective Content. You must not post, upload, publish, submit or transmit any content that: 

  • infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; 
  • is fraudulent, false, misleading or deceptive; denigrates the Service, or another My Usual (Pty) Ltd client or partner; 
  • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 
  • is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 
  • is violent or threatening or promotes violence or actions that are threatening to any other person; or 
  • promotes illegal or harmful activities or substances. 

User Content 

Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content on or through the Service, you grant to My Usual (Pty) Ltd worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through or by means of the Service. You are solely responsible for all User Content that you make available through the Service. You represent and warrant that: 

  • you either are the sole and exclusive owner of all User Content that you make available through the Service, or that you have all rights, licenses, consents and releases that are necessary to grant to My Usual (Pty) Ltd the rights in such User Content, as contemplated under these Terms; 
  • and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or My Usual (Pty) Ltd use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

Rewards and Loyalty

The My Usual Reward Program (“the Program”) is a feature incorporated into applications powered by My Usual, provided to merchants for customer engagement. Users of said apps, hereinafter referred to as “Users,” are subject to the following reward terms and conditions. By participating in the Program, Users acknowledge that they have read, understood, and agreed to these Terms and Conditions. My Usual reserves the right to update or modify these terms, and Users are encouraged to review them periodically.

Rewarding of Digital Stamps:

  • Upon creating an account, Users may or may not be rewarded with digital stamps, subject to the discretion of the individual merchant.
  • Specific products available on the merchant’s app will earn Users one (1) digital stamp when pruchased.
  • Products that allow Users to earn stamps are marked with a star icon
  • Please note that not all products allow a User to earn stamps
  • The accumulated digital stamps are stored in the User’s account and can be used to redeem eligable products.

Redemption Process:

  • Users can redeem accumulated digital stamps for selected products available on the merchant’s app.
  • This is done by adding the product into the User’s cart
  • Each reward product will have a predetermined amount of stamps that need to be used to pourchase the product
  • If a User added a reward product to their cart, and they have the required amount of stamps to redeem a product in their account, the cost of that product will be automatically deducted from the cart total.
  • This deduction will be in stamp quantity not monetary value
  • If a User adds multiple products that eligible for redemption to their cart, but they lack sufficient stamps to cover the required total stamp value, the lower montory valued product will be deducted from the cart using the avaialble stamps. The user would need to pay for the other item using local currency.
  • If there are only reward eliable products in a User’s cart and the User has enough stamps, the cart total will be reduced to zero and no monetory value needs to be paid. The User can just proceed with the checkout and then collect their order once complete.

Non-Monetary Value:

  • Stamps have no monetary value and are non-refundable.
  • Users cannot exchange stamps for any form of currency.
  • Stamps can also not be traded, shared, or pooled together

Payment Method:

  • During checkout, Users cannot choose to use stamps or local currency interchangeably for reward eligible products in their cart.
  • E.g. if a User has sufficient stamps for a reward eligible product, an automatic stamp deduction will take place in the cart.

Return Policy:

  • Products purchased using stamps are subject to the return policy implemented by the individual Merchant.
  • Returned products will not be exchanged for the monetary value of the redeemed product.
  • Products can however be replaced after inspection and subject to the descrition of the applicable Merchant

Stamp Expiry:

  • A stamp allocated to a specific User does not have an expiry date.

Modification of Program:

  • My Usual reserves the right to modify, suspend, or terminate the Program at its discretion.
  • Changes to the Program, including these terms, will be communicated to Users through the app or via email.

Disclaimers 

We exclude all express and implied conditions and warranties, except for your Rights, to the fullest extent permitted by law, including but not limited to: 

My Usual (Pty) Ltd will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Service, Content, inability to access or use the Service, or the Terms, even if My Usual (Pty) Ltd was expressly advised of the likelihood of such loss or damage. You agree not to attempt to impose liability on or seek any legal remedy from My Usual (Pty) Ltd with respect to such actions or omissions. 

Limitation of Liability 

The limitations of damages set forth above are fundamental elements of the basis of the bargain between My Usual (Pty) Ltd and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. 

This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed in its essential purpose. The limitations of liability provided in these terms inure to the benefit of My Usual (Pty) Ltd. 

  • My Usual (Pty) Ltd cannot be held liable for any outages or issues of this service. 
  • My Usual (Pty) Ltd cannot be held liable for any misreporting of any data in this service. 
  • My Usual (Pty) Ltd cannot be held liable for any losses generated from using this service. 
  • My Usual (Pty) Ltd cannot be held liable for any loss of data. 
  • My Usual (Pty) Ltd cannot be held liable for any data breaches and any effects caused by a breach. 
  • My Usual (Pty) Ltd cannot be held liable for any issues with third party components. 
  • My Usual (Pty) Ltd is not responsible for any content hosted/provided on this Service. 

Indemnity 

You agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to our Services; any breach by you of these Terms; any willful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.  

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. This defense and indemnification obligation will survive these Terms and your use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. 

General 

Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Service for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly fully exclude any liability for such permissible by law. 

 
Termination: We reserve the right to refuse supply of the Services required by you, terminate your account, terminate our contract with you, and remove or edit content on our Service at our sole discretion, without incurring any liability to you. 

Force Majeure: We will not be liable for any delay or failure to fulfil our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. 

Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address, email address as may from time to time be notified in writing to the other party. 
 

Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing. 

Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent. 

Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 

Jurisdiction and Applicable Law: These Terms, your use of this Service and any dispute arising out of your use of it is subject to the laws of Australian Capital Territory, Australia, and subject to the exclusive jurisdiction of the Australian Capital Territory courts. The Service may be accessed throughout Australia. My Usual (Pty) Ltd makes no representation that the content of the Service complies with the laws (including intellectual property laws) of any country outside Australia. 

Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and My Usual (Pty) Ltd, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.