Introduction
These terms and conditions sets forth the terms and conditions under which ROOPON (ABN 89 656 278 830) of 172-178 Maroubra Road, Maroubra, NSW 2035 (ROOPON, we, or us) provides you access to giveaways, and governs your use of our website located at roopon.com (the Site), and the ROOPON Members platform made available through the Site (the Software) and the information, content, features and services provided through the Site (together with the Software, collectively, the Service).
YOUR USE OF THE SITE AND/OR THE SERVICE, OR THE PURCHASE OF ONE OF OUR MEMBERSHIPS, SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
If you do not agree to these terms and conditions, you may not use the Site or the Service.
We may update these terms. If a change is worse for you, we will email you at least 30 days before it takes effect. If you don't accept the change, you can cancel before it takes effect and we will refund any prepaid amount for the period after that date. Other changes take effect when we post them on the Site.
We will only suspend or close your access to the Site or the Service if you materially breach these terms, if we are required to by law, or if we stop providing the Service. If we close your account for a reason other than your breach, we will refund any prepaid fees for the unused period.
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, including the consumer guarantees, that cannot lawfully be excluded, restricted or modified.
Privacy Policy
By clicking purchasing a membership and using our platform or entering one of our giveaways, you represent that you have read and consent to our Privacy Policy in addition to these terms and conditions. ROOPON may revise the Privacy Policy at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or the Service.
The Services
The ROOPON Site is a membership rewards platform that offers its members discounts at leading brands across Australia. Members get access to a member's dashboard where they can utilise the discounts on offer and manage all their payments depending on what package they have and update details as needed.
We keep improving the Service, so features, partners and discounts change over time. If we remove or materially reduce a paid membership feature, we will email you at least 30 days before; you can cancel before it takes effect and we will refund any prepaid amount for the period after that date. New services on the Site are covered by these terms.
Editorial Content & Not Financial Advice
ROOPON publishes blog articles, guides, comparisons and other educational content on the Site covering topics including (but not limited to) personal finance, tax, superannuation, insurance, mortgages, investing, consumer rights, giveaway and competition platforms, retail discounts, cost of living, and related Australian topics.
ROOPON is not a licensed financial adviser, tax agent, mortgage broker, insurance broker, accountant, solicitor, or any other regulated professional adviser. Nothing on the Site — including any blog article, guide, comparison, calculator, example, table, FAQ entry or illustrative figure — is, or is intended to be:
- personal financial advice, general financial advice, or a financial product recommendation within the meaning of the Corporations Act 2001 (Cth);
- tax advice within the meaning of the Tax Agent Services Act 2009 (Cth);
- credit assistance or credit advice within the meaning of the National Consumer Credit Protection Act 2009 (Cth);
- legal advice;
- insurance advice or a recommendation in respect of any insurance product;
- an offer, solicitation, recommendation or endorsement to buy, sell, hold, subscribe to or cancel any financial product, investment, membership, subscription, loan, insurance policy or other product or service mentioned, including ROOPON's own membership and giveaway products.
The information on the Site is general, educational and informational only. It does not take into account your personal objectives, financial situation, needs, tax position or any other individual circumstances. Examples, dollar figures, percentages, rates, eligibility thresholds, government rules and product details may change after publication and may not reflect the most current law, ATO rulings, Moneysmart guidance, RBA position or commercial terms in market.
Before making any financial, tax, superannuation, credit, insurance, legal, investment, business or purchasing decision based on anything you read on the Site, you should:
- obtain personal advice from an appropriately licensed and qualified professional adviser who takes into account your circumstances;
- read the Product Disclosure Statement (PDS), Target Market Determination (TMD), Key Facts Sheet, terms and conditions and any other relevant disclosure document issued by the relevant product provider; and
- verify any rule, rate, threshold or eligibility figure against the relevant primary source (for example the Australian Taxation Office, Moneysmart (ASIC), ACCC, APRA, or your State or Territory regulator).
Articles on the Site may compare or describe third-party products, platforms, competitor services, or membership giveaway operators. Where this happens, the information summarises publicly available material believed to be accurate at the time of writing, may be opinion or commentary, and is provided for general consumer-information purposes. Mention of a third party does not imply affiliation, endorsement, partnership or sponsorship unless explicitly stated.
To the maximum extent permitted by law, ROOPON, its directors, employees, contractors, agents, authors and editors accept no liability for any loss, damage, cost, expense or inconvenience suffered by any person as a result of (a) acting or refraining from acting on the basis of anything contained on the Site, or (b) reliance on any information, figure, example or third-party material published on the Site. This clause does not exclude any guarantee, right or remedy that cannot be excluded under the Australian Consumer Law or any other applicable Commonwealth, State or Territory law.
If you believe an article on the Site contains an inaccuracy, please contact ROOPON via the contact details on the Site so we can review the content.
Support
ROOPON supports all registered and official Australian Business Partners of the ROOPON Network. To become a registered partner please contact us through our website.
Refunds, Returns, and Exchanges
We don't give refunds for change of mind on memberships or one-time packages, including for part of a billing period. This doesn't affect your rights under the Australian Consumer Law: if our service has a major failure, you can cancel and get a refund, as set out below.
Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures, you are entitled to:
- cancel your service contract with us; and
- a refund for the unused portion or compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service. Refunds or rectifications cannot be given for reasons such as change of mind, not following instructions or failure to understand properly.
Account Registration
To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). Eligibility is limited to persons equal to or over the age of 18.
As part of the registration process, you may be asked to submit your name, address, email address and/or similar information and to select a password. You agree that all information you provide to ROOPON for purposes of creating an account (Registration Information) will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of these terms and conditions and may result in the immediate termination of your Account.
You shall (i) promptly update your Registration Information to keep it true, accurate, current, and complete; and (ii) maintain the confidentiality of your password.
In creating an Account, you shall not:
- select or use the email address or username of another person with the intent to impersonate that person
- use a name subject to the rights of any other person without authorization
- use an email address or username that is profane, offensive, or otherwise inappropriate
- allow any other party to use your Account and/or password except as set forth herein
You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify ROOPON of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You are responsible for activity on your Account that you authorise, or that happens because you did not keep your password secure. You are not responsible for activity you did not authorise that results from a security failure on our side.
ROOPON employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as a ROOPON employee, director or manager may not win the offered giveaways.
Termination of Account
We will only close your Account and delete the information you have provided through the Site (User Content) if you materially breach these terms, if we are required to by law, or if we stop providing the Service. We will tell you by email first unless the law or a serious security risk prevents it. If we close your Account for a reason other than your breach, we will refund any prepaid fees for the unused period.
You can cancel online at any time: log in, go to the Membership section and follow the prompts. Payments stop and you keep access until the end of the period you have already paid for. We don't refund change-of-mind cancellations, including part periods. This doesn't affect your rights under the Australian Consumer Law.
One-Off Membership Packages & Loyalty Memberships
Customers can buy a One-Off Package or become a monthly Loyalty Member to access the ROOPON Platform. A membership gives access to partner discounts and member tools.
A membership does not include, earn or carry over entries into any promotion. Becoming a member or customer does not enter you into any promotion. Giveaways are separate, and each one has its own terms.
Prices. All prices are in Australian dollars and include GST. Membership prices are shown at sign-up, before you pay. Current monthly prices are BASIC $19.99, PREMIUM $49.99 and ULTIMATE $99.99. You are charged that amount when your membership starts and then on the same date each month until you cancel.
Free trial.New members can try BASIC, PREMIUM or ULTIMATE free for 7 days (one trial per person). At sign-up we show the plan you chose and its monthly price. If you don't cancel before the trial ends, your first monthly payment is charged when the trial ends, then on the same date each month. We email you 3 days before your trial ends. If you cancel online during the trial, you won't be charged.
Termination of Loyalty Membership
You can cancel your loyalty membership online at any time: log in, go to the Membership section, click cancel and follow the prompts. We email you to confirm. Payments stop and you keep access until the end of the period you have already paid for. There is no cancellation fee. We don't refund change-of-mind cancellations, including part periods; this doesn't affect your rights under the Australian Consumer Law.
To be removed from our mailing or text lists, please use the associated links as they are sent via third parties. Terminating your loyalty membership alone will not remove you from these lists.
If a payment fails, we will try to take it up to 4 more times, every 5 days after the first failure (a 20-day grace period), and email you so you can update your payment details. If the last attempt fails, your membership ends.
A cancelled subscription can't be reactivated, but you can start a new membership at any time. To keep an existing membership going after a failed payment, follow the instructions in our email or update your payment details in your member dashboard.
Use of Site and Service
You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to:
- make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
- institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person's use of the Site and/or the Service
- attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service
Furthermore, you may not use the Site to develop, generate, transmit or store information that:
- is defamatory, harmful, abusive, obscene or hateful
- in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site and/or the Service
- performs any unsolicited commercial communication not permitted by applicable law
- constitutes harassment or a violation of privacy or threatens other people or groups of people
- is harmful to children in any manner
- violates any applicable law, regulation or ordinance
- makes any false, misleading or deceptive statement or representation regarding ROOPON and/or the Site or Service
- constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias)
Third-Party Products, Services + Discounts from Our Partners
Third-party services, content, information and products (Third-Party Products), including partner discounts and deals, may be shown on or through the Site. Some partner discounts are only available to members; the deals on our public deals pages are open to everyone. Third-Party Products are supplied by the third parties that offer them, under their own terms and policies, and those third parties are responsible for them. This doesn't affect any rights you have against ROOPON under the Australian Consumer Law.
Savings Agent, bank linking & financial insights
This clause summarises how the Savings Agent member feature operates and supports transparency alongside our Privacy Policy and Site Policy. Obtain qualified Australian legal advice if you rely on these terms for commercial regulatory purposes.
Savings Agent (where offered to eligible memberships) lets you voluntarily start a read-only bank data connection through ROOPON's aggregator partner Basiq. Banking authentication and granular consent screens are operated by Basiq and/or your institution. Actual connection rails (such as Consumer Data Right Open Banking pathways, secure web connectors, or mixes shown to you in-product) depend on institution and availability; messaging inside the Basiq-hosted journey describes the operative method.
Credentials. ROOPON does not collect your banking login credentials for Savings Agent linking. We may receive transactional and account-derived data only after lawful consent routed through Basiq, then process it inside ROOPON (including heuristic scoring, classifications, dashboards, summaries, optional model-assisted text, and drafts you copy elsewhere). Automated analysis may rely on subcontracted processors bound by confidentiality and security commitments.
Third-party AI / LLM processing. Certain Savings Agent explanations, summaries or optional copy drafts may be produced by third-party large language model (LLM) services that ROOPON invokes only as technical subcontractors (for example cloud inference APIs). Those vendors host and run the models under their own architectures and terms; ROOPON does not own or control the underlying model weights and is not the originator of probabilistic text beyond selecting product flows, prompts and safeguards. Machine-generated content may be inaccurate, incomplete or reflect model limitations. You agree outputs are not written or reviewed by a human adviser at ROOPON unless we clearly say otherwise for a specific workflow. To the maximum extent permitted by the Australian Consumer Law and other non-excludable rules, ROOPON limits claims arising purely from uncorrected reliance on third-party LLM output when you could reasonably have verified facts against your institution. For service issues, contact support@roopon.com.
Money movement and outbound correspondence. Unless ROOPON separately ships a prominently disclosed, consent-first money-moving workflow (not implied by Savings Agent previews today), Savings Agent does not transfer funds or operate your accounts automatically. Draft messages suggested in the product are editable copy meant for you to send from your own email or chat apps; ROOPON does not contact your bank or billers as your agent absent a future, explicitly described feature.
Accuracy, educational tools and regulatory disclaimer. Outputs are exploratory tools and may miscategorise, omit, stale-date, or misunderstand context. Savings Agent is not personal financial product advice within the meaning of the Corporations Act 2001 (Cth). Cross-check summaries against official statements from your institution before acting or seek advice from appropriately licensed practitioners. Liability limitations apply to the maximum extent permitted by the Australian Consumer Law and other compulsory rules.
Stopping or varying use. You may discontinue Savings Agent anytime by unlinking flows inside ROOPON or by contacting support@roopon.com; retention schedules for mirrored insights or aggregator-held data follow this Policy, Site Policy, and applicable law.
Affiliate Relationships
We maintain affiliate relationships with various partners. This means:
- We may earn commissions from purchases
- Affiliate links are clearly marked
- Partner relationships are disclosed
- Commission doesn't affect user costs
ROOPON Chrome Extension
The ROOPON browser extension is free. It shows price history, similar products and better offers while you shop at Australian stores, and lets you save products to your ROOPON wishlist.
- Store links shown by ROOPON (in the extension, ROOPON Search, deals and your wishlist) may be affiliate links, including Amazon AU links with ROOPON's Amazon Associates tag. If you buy through them, ROOPON may earn a commission. You never pay more because of it.
- If you turn on "Support ROOPON on Amazon" in the extension settings, ROOPON also adds its Amazon Associates tag to Amazon AU product pages you open yourself. It is off unless you turn it on, and you can turn it off at any time.
- Prices you view are stored in your browser to build price history. ROOPON also keeps an anonymous, shared price history per product page (the page, its price and when it was seen) — never who viewed it. See our Privacy Policy for details.
Hyperlinks
Links from the Site. The Site may contain links to websites operated by other parties. ROOPON provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of ROOPON, and ROOPON is not responsible for the content available on the other sites. Such links do not imply ROOPON endorsement of information or material on any other site and ROOPON disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site. You may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to ROOPON linking policy as follows:
- the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ROOPON and/or its licensors' names and trademarks
- the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ROOPON
- when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site
- ROOPON reserves the right to revoke its consent to the link at any time and in its sole discretion
Intellectual Property and Moral Rights
1. Intellectual Property
The contractor acknowledges and agrees that:
- all right, title and interest in, relation to any Intellectual Property created by the contractor during or arising out of the contractor employment with the Company, whether or not created during normal business hours or using the Company's premises or equipment vests in the Company;
- the contractor has no interest whatsoever in any of the intellectual Property created by the contractor during or arising out of the contractor employment with the Company.
Intellectual Property means all intellectual property and proprietary rights (whether registered or unregistered) owned or used by the Company or necessary for the conduct of the Company's business including but not limited to:
- any confidential information of the Company; and
- any processes, formulae, technology, systems, reports, drawings, specifications, software, blue-prints, patents, patent application, discoveries, inventions, improvements, trade secrets, technical data, research data, software, know-how, logos, registered and unregistered trademarks and service marks, registered and unregistered designs, design rights, copyright and similar industrial or intellectual property rights.
2. Moral Rights
2.1 The contractor consents, for the purposes of section 195AW or section 195AWA of the Copyright Act 1968, to the Company doing any act or thing, or omitting to do any act or thing (whether occurring before or after the date of this Agreement), which may otherwise infringe a Moral Right (as defined in Part IX of the Copyright Act 1968) of the contractor. This consent is given in relation to all Works (as defined in Part IX of the Copyright Act 1968) made or to be made by the contractor in the course of the Employee's employment.
2.2 The contractor acknowledges that:
- the contractor understands the legal significance and effect of giving this consent;
- this consent has been freely and genuinely given; and
- the contractor has not been subjected to any duress in the connection with the giving of this consent.
Representation and Warranties
By using the Site and/or Service, you represent and warrant that:
- you are at least 18 years of age and have the legal capacity to enter into these terms and conditions;
- you will provide true, accurate, current, and complete information about yourself as prompted by the registration process;
- you will maintain and promptly update your Registration Information to keep it true, accurate, current, and complete;
- you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions;
- you will not use the Site or Service for any illegal or unauthorized purpose;
- your use of the Service will not violate any applicable law or regulation;
- you will not contact any affiliate, employee, sponsor, or partner of ROOPON in order to manipulate Contest results or gain unfair advantages;
- you will not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Site except as expressly permitted by ROOPON;
- you will not use any device, software or routine that interferes with the proper working of the Site or Service;
- you will not take any action that imposes an unreasonable or disproportionately large load on ROOPON's infrastructure;
We work to keep the Site accurate and available, but we can't promise:
- the reliability, accuracy, completeness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the Site;
- the accuracy, completeness, or reliability of any promotional offers, product information, or other content included on the Site;
- whether the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis;
- whether errors or defects will be corrected;
- whether the Site or the server that makes it available are free of viruses or other harmful components;
Deal prices, stock and offers come from retailers and partners and can change at any time, so check the price with the store before you buy. Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, including the consumer guarantees, that cannot lawfully be excluded, restricted or modified.
Giveaway Disclaimers
Each giveaway (Contest) has its own terms, published on its giveaway page, and those terms govern how to enter, who can enter and how the winner is drawn. Becoming a member or customer of ROOPON does not enter you into any Contest, and a membership does not include, earn or carry over entries into any Contest.
ROOPON trade promotions (giveaways / Contests) are open only to Eligible Entrants as defined in each Contest's terms. Unless a Contest's terms expressly state otherwise, entry is limited to Australian residents aged 18 or over and is not open to residents of South Australia (SA) or the Australian Capital Territory (ACT). Trade promotions are void in SA and ACT. Always read the specific Contest terms before entering.
ROOPON reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of this Contest as solely determined by ROOPON.
In the event the Contest is compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of ROOPON, that corrupt or impair the administration, security, fairness or proper operation of the Contest, ROOPON reserves the right to suspend, modify or terminate the Contest.
Any attempt by a Participant to deliberately damage the website to undermine the legitimate operation of this contest is a violation of criminal and civil laws, and should such an attempt be made, ROOPON reserves the right to seek damages from any such Participant to the fullest extent permitted by Law.
To the extent permitted by law, ROOPON is not responsible for entries that are not received because of technical problems outside our reasonable control, such as failures of internet service providers or email systems, or incomplete, late, lost or misdirected electronic communications.
The Contest is void where prohibited or restricted by law.
Affiliate Program Terms and Conditions Agreement
1. Introduction
This Affiliate Program Terms and Conditions Agreement ("Agreement") is entered into between ROOPON, a company incorporated under the laws of Australia ("Company"), and the undersigned affiliate ("Affiliate", "You"), collectively referred to as the "Parties".
This Agreement governs the Affiliate's participation in the Company's Affiliate Program (the "Program"), where the Affiliate promotes the Company's membership services in exchange for compensation, subject to the terms and conditions set forth herein.
2. Affiliate Obligations and Conduct
2.1 Promotion and Compliance
The Affiliate agrees to use comprehensive, ethical, and lawful means to promote the Company's membership services, including but not limited to, organic and paid media strategies. The Affiliate shall ensure that all promotional efforts and content comply with the laws and regulations of Australia, as well as any applicable international laws.
2.2 Accurate Representation
The Affiliate must not make misleading, deceptive, or fraudulent representations about the Company and its services. All promotional materials must accurately reflect the nature and terms of the services offered.
3. Tracking and Compensation
3.1 Tracking Mechanism
The Company will provide the Affiliate with unique tracking links or codes. The Affiliate's performance, including customer sign-ups and subscription status, will be tracked through these mechanisms.
3.2 Compensation Structure
The Affiliate will earn compensation based on the active subscriptions attributable to their efforts. The specific rates and terms of compensation will be detailed in Schedule A attached hereto.
3.3 Negative Growth Adjustment
Should the Affiliate's referred subscriptions experience a net decline for 3 months or if the task is not deemed satisfactory, the Affiliate shall not be eligible to invoice for compensation for that period. Resulting in a termination. This affiliate program is only offered to a hand full of individuals that collaborate with our team.
4. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of Australia, without regard to its conflict of laws principles. Any disputes arising out of or in relation to this Agreement shall be submitted to the exclusive jurisdiction of the courts of Australia.
5. Termination
Either party may terminate this Agreement at any time with written notice. Upon termination, the Affiliate must cease all promotional activities and return or destroy all confidential information.
6. Amendment
This Agreement may only be amended or modified by a written document duly executed by both parties.
7. Acceptance
By joining the Program, the Affiliate agrees to, and is bound by, the terms and conditions outlined in this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Affiliate Program Terms and Conditions Agreement as of the date of the Affiliate's program enrolment.
Affiliate Obligations and Conduct
2.1 Promotion and Compliance
The Affiliate agrees to use comprehensive, ethical, and lawful means to promote the Company's membership services, including but not limited to, organic and paid media strategies. The Affiliate shall ensure that all promotional efforts and content comply with the laws and regulations of Australia, as well as any applicable international laws.
2.2 Accurate Representation
The Affiliate must not make misleading, deceptive, or fraudulent representations about the Company and its services. All promotional materials must accurately reflect the nature and terms of the services offered.
Tracking and Compensation
3.1 Tracking Mechanism
The Company will provide the Affiliate with unique tracking links or codes. The Affiliate's performance, including customer sign-ups and subscription status, will be tracked through these mechanisms.
3.2 Compensation Structure
The Affiliate will earn compensation based on the active subscriptions attributable to their efforts. The specific rates and terms of compensation will be detailed in Schedule A attached hereto.
3.3 Negative Growth Adjustment
Should the Affiliate's referred subscriptions experience a net decline for 3 months or if the task is not deemed satisfactory, the Affiliate shall not be eligible to invoice for compensation for that period. Resulting in a termination. This affiliate program is only offered to a hand full of individuals that collaborate with our team.
Non-Compete and Confidentiality
5.1 Non-Compete
The Affiliate agrees not to directly or indirectly promote, engage with, or contribute to services that are in competition with the Company, including but not limited to, software companies, trade promotion services, or giveaway entities during the term of this Agreement and for a period thereafter.
5.2 Confidentiality
The Affiliate shall not disclose to any third party any information deemed confidential that comes into their possession as a result of this Agreement without the prior written consent of the Company.
Restrictive Covenant
The Company has invested a substantial amount of time and effort to develop relationships with its customers. To protect the Company's goodwill, the affiliate agrees that he/she will not be directly or indirectly, on his/her own account or for any other firm, business or corporation:
- seek to solicit, entice away, interfere with or endeavour to solicit, entice away or interfere with any customer of the Company;
- employ, engage, solicit or entice away or endeavour to employ, engage, solicit or entice away from the Company any contractor of the Company;
- obtain as a customer for him/her, or his/her employer or any third party, any Customer of the Company;
Either during the term of this Agreement, or for one or more of the following periods after the termination of the Agreement:
- 3 years;
- 6 months;
- 3 months;
In one or more of the following areas:
- Australia;
- Melbourne;
- 10 kilometres from the Company's principle place of business;
Without the prior written consent of the Company.
Effect of Restrictive Covenant Clause
- The above will have the effect as if each sub-clause were several separate covenants and each covenant applied for each period of time stated, and in each separate area set out therein.
- If any of the several separate covenants are or become invalid or unenforceable for any reason, their invalidity or unenforceability will not affect the validity or enforceability of any of the other separate covenants.
Continuing Obligation
The termination of the contractor's employment with the Company for whatever reason does not affect or derogate from the obligations of the contractor.
Usual Covenants
The contractor acknowledges that the provisions contained in this Clause of this Agreement are usual covenants within the field of activities of the Company and that having regard to the information acquired by the contractor during employment with the Company, and to the area of activities of the Company they are no more than sufficient for protection to the operations of the Company.
Disclosure of Confidential Information
During the contractors employment with the Company and after it is terminated, the contractors must keep confidential and must not at any time use or disclose or attempt to use or disclose to any person or media corporation any Confidential Information relating to:
- the Company, Employer or its affairs;
- the business or affairs of any business, organisation, company or venture in which the Employer holds an interest;
- the business or affairs of any client of the Employer;
- the business or affairs of any client of any business, organisation, company or venture in which the Employer holds an interest;
Except:
- as authorised in writing by the Employer;
- if ordered by a Court or authority of competent jurisdiction;
- if compelled by law.
On termination, for whatever reason, the contractors will be required to deliver to the Employer (or as the Employer directs) all Confidential Information including but not limited to all documents, data (whether electronic or otherwise), keys, stationery and items which are the Employer's property or the property of the Employer's clients and which may be in the contractors possession or under your control.
In the event of a breach or threatened or anticipated breach of the terms of this clause by the contractors and without in any way limiting the rights or remedies of the Employer, the Company shall be entitled to an injunction restraining the contractors from committing any breach of this clause without showing or proving any actual damage sustained by the Employer.
For the purposes of this clause "Confidential Information" means all information previously communicated and imparted and all information to be communicated, imparted and passing from the Company, or from its directors, shareholders, servants, agents, contractors or consultants or any one or more of them to the contractors or otherwise learned by the contractors in any way related to or connected with the Employer's business or affairs or those of any client of the Company or those of any business, organisation, company or venture in which the Company holds an interest and of any client of any such business, organisation, company or venture including without limitation trade secrets, know-how, techniques, accounts, balance sheets, financial statements, financial information, business and marketing plans and projections, arrangements and agreements with third parties, customer information, customer information proprietary to customers, customer lists, concepts not reduced to material form, designs, plans, short, medium and long term development programs, drawings, processes, methods and procedures of operations and whether recorded in some tangible or intangible form or some electronic form, computer record or other database.
The contractors hereby agrees to indemnify and to keep indemnified the Company from and against all Claims suffered or incurred by the Company by reason of the contractors failure to observe and/or fulfil each and every of the contractors obligations under this Agreement. For the purposes of this clause "Claims" includes any and all actions, claims, notices, proceedings, judgments, demands, losses, damages, costs, charges, payments and expenses, however arising, whether present or future, unascertained, immediate, future or contingent and whether at law, in contract or in equity.
Intellectual Property and Moral Rights
1. Intellectual Property
The contractor acknowledges and agrees that:
- all right, title and interest in, relation to any Intellectual Property created by the contractor during or arising out of the contractor employment with the Company, whether or not created during normal business hours or using the Company's premises or equipment vests in the Company;
- the contractor has no interest whatsoever in any of the intellectual Property created by the contractor during or arising out of the contractor employment with the Company.
Intellectual Property means all intellectual property and proprietary rights (whether registered or unregistered) owned or used by the Company or necessary for the conduct of the Company's business including but not limited to:
- any confidential information of the Company; and
- any processes, formulae, technology, systems, reports, drawings, specifications, software, blue-prints, patents, patent application, discoveries, inventions, improvements, trade secrets, technical data, research data, software, know-how, logos, registered and unregistered trademarks and service marks, registered and unregistered designs, design rights, copyright and similar industrial or intellectual property rights.
2. Moral Rights
2.1 The contractor consents, for the purposes of section 195AW or section 195AWA of the Copyright Act 1968, to the Company doing any act or thing, or omitting to do any act or thing (whether occurring before or after the date of this Agreement), which may otherwise infringe a Moral Right (as defined in Part IX of the Copyright Act 1968) of the contractor. This consent is given in relation to all Works (as defined in Part IX of the Copyright Act 1968) made or to be made by the contractor in the course of the Employee's employment.
2.2 The contractor acknowledges that:
- the contractor understands the legal significance and effect of giving this consent;
- this consent has been freely and genuinely given; and
- the contractor has not been subjected to any duress in the connection with the giving of this consent.
Acceptance
YOUR USE OF THE SITE AND/OR THE SERVICE, OR THE PURCHASE OF ONE OF OUR MEMBERSHIPS, SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
If you do not agree to these terms and conditions, you may not use the Site or the Service.
We may update these terms. If a change is worse for you, we will email you at least 30 days before it takes effect. If you don't accept the change, you can cancel before it takes effect and we will refund any prepaid amount for the period after that date. Other changes take effect when we post them on the Site.
We will only suspend or close your access to the Site or the Service if you materially breach these terms, if we are required to by law, or if we stop providing the Service. If we close your account for a reason other than your breach, we will refund any prepaid fees for the unused period.
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, including the consumer guarantees, that cannot lawfully be excluded, restricted or modified.
These terms were last updated on 10 October 2026.

