TERMS AND CONDITIONS

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 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.

ROOPON reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to these terms and conditions. In addition, ROOPON may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.

ROOPON supports all registered and official Australian Business Partners of the ROOPON Network. To become a registered partner please contact us through our website.

By purchasing a membership or a one-time package for our rewards platform, you are providing support to the ROOPON brand. It is important to note that memberships and one-time packages purchased during a promotional period or giveaway are non-refundable.

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.

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 understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. ROOPON is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

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.

You understand and agree that you have no ownership rights in your Account and ROOPON may stop offering the Service at any time. Further, ROOPON may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of these terms and conditions. ROOPON will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service.

To cancel your account, please log in to your ROOPON web portal and navigate to the membership section. Click the designated button and follow the prompts to complete the cancellation process. Kindly note that all loyalty memberships are non-refundable. If a payment has recently been processed, it will not be eligible for a refund. You may proceed with the cancellation at the conclusion of the current billing period.

Customers have a choice of selecting a Once off Package or become a monthly Loyalty Member to access the ROOPON Platform. All relevant information can be found for memberships on our website.

Upon cancelling your loyalty membership which can be completed from logging into your ROOPON web portal and heading to the Membership section, then click the cancel button and follow the prompts until completion. Once completed you will receive an email notification confirming the cancellation of your subscription and you will be removed from all future payments linked to that subscription plan and forfeited the bonus accumulated entries from all future promotional giveaways. There are no refunds on loyalty memberships. If a payment has recently been made, please cancel your membership at the end of the billed period.

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 your account fails to pay, there will be 4 automatic attempts made to bill it. The system will attempt to bill your account every 5 days (20-day grace period) from the initial payment failure. On the 4th and final attempt, if there are insufficient funds, your subscription will be terminated, and your loyalty streak will be lost.

If you cancel your subscription, our payment processor does not allow for its reactivation, and all accumulated history for that subscription will be lost. To continue your subscription, please follow the instructions in the notification emails provided or log in to the member's dashboard and update your banking details.

If your account is cancelled, you can sync up the last active entry history by creating a new subscription within 30 days of the cancellation. Only the most recent active subscription will be synced up, and if there are multiple cancellations, the previous entry history will not be included in the accumulation of entries moving forward since the cancellation date is beyond 30 days from the current active subscription.

Please note that the system only allows for 4 attempts, which includes any manual attempts made by the user to charge the account.

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 services, content, information, and products may be made available by ROOPON on or through the Site. Third Party Products, services and discounts are provided solely for the benefit of our paid members and ROOPON makes no representations or warranties regarding any Third-Party Products, services and discounts and takes no responsibility and assumes no liability for any Third-Party Products, services or discounts. Third Party Products, services and discounts are subject to the applicable terms and policies of the third parties that offer them.

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

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

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.

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;

ROOPON makes no representations or warranties about:

• the reliability, accuracy, completeness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the Site;
• the satisfaction of any government regulations requiring disclosure of information on prescription drug products;
• 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;

The Site, Service, and all content, functions, and materials provided through the Site, are provided "as is," "as available," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.

By becoming a member or Customer of ROOPON the Participant agrees to enter the Contest and Agrees that:

• Any and all disputes, claims and causes of action arising out of or in connection with the Contest and the promotional gifts shall be resolved individually with any form of class action
• Any claims judgments and awards shall be limited to actual out of pocket costs incurred in entering the Contest, but under no circumstances will ROOPON be responsible for any legal fees
• Participants hereby waive all rights to claim punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses incurred in entering the contest

In no event will ROOPON, their licensees, parents, affiliates, subsidiaries and related companies, their advertising or promotional agencies or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from access to, or use of, this website, electronic or computer malfunctions, or entrant participation in this contest, even if ROOPON was advised of the possibility of such damages.

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.

ROOPON assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider, or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications, or any combination thereof.

The Contest is void where prohibited or restricted by law.

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.

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.

3.1 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.

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.

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.

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.

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.

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 AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS THEM, INCLUDING ANY MODIFICATIONS THAT ROOPON MAKES FROM TIME TO TIME.

If you do not agree to these terms and conditions, you may not use the Site or the Service.

ROOPON may amend these terms and conditions at any time by posting the amended Terms and conditions on the Site, and you agree that you will be bound by any changes to these terms and conditions. ROOPON may make changes to the Site and/or the Service at any time. You understand that ROOPON may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.

These terms were last updated on March 20, 2024.