1. What is On Fleek?
MGM20 Pty Ltd ACN 643 966 698 (MGM20, we, our or us) operates the On Fleek cloud-based platform, accessible via our website www.onfleekrewards.com and mobile application (if any).
Through On Fleek, the customer utilising the cloud-based platform (you, your) can purchase Products offered by Retailers. On Fleek is a service to aggregate Products and connect Retailers and buyers. We do not sell or provide any of the Products that you may purchase after being connected to that Retailer via On Fleek.
2. Acceptance of terms
By using On Fleek, creating an account, ticking or indicating that you agree, or downloading the mobile application (if any), you agree that you are bound by these Terms and Conditions. If you do not agree, you should stop using and (if applicable) uninstall the mobile application, or do not download the application.
2.2 Use of On Fleek
As a condition of your use of On Fleek, you warrant and agree that:
(a) you are at least 18 years of age, or have your parent’s permission to use On Fleek;
(b) all information you supply to us is true, accurate, current;
(c) you will use the functionality of On Fleek only for the identification of and referral to Retailers for the purchase of Products, and for legitimate reasons only;
(d) you will not use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the website;
(e) you will use the functionality of On Fleek only for your personal use, or that of another person for whom you are legally authorised to act, and only in accordance with these Terms and Conditions;
(f) you will inform such other person(s) about the Terms and Conditions should you purchase any Products on their behalf;
(g) you will not use On Fleek to communicate or distribute viruses or any other technologies that may harm us, the Retailer and other users;
(h) if you have an account on On Fleek, you will safeguard your Login, will supervise and be completely responsible for any use of your Login or account by you and anyone other than you;
(i) you must not link to On Fleek or any part of On Fleek in a way that damages or takes advantage of our reputation, including but not limited to in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us that you do not have;
(j) MGM20 may collect and use de-identified statistical data for the purposes of tracking and monitoring use; and
(k) you will comply with these Terms and Conditions.
2.3 Change to terms
(a) You agree that we may update these Terms and Conditions at any time, by giving you notice in any of the ways mentioned in clause 7.
(b) After we give you such a notice, your continued use of On Fleek will signify your agreement to and acceptance of the Terms and Conditions as amended, with effect from that date.
3. On Fleek security; Suspension; Availability
3.1 Your account
To complete the registration of your account on On Fleek, you must provide accurate and up-to-date information required by MGM20, including your full name, email address, phone number, and other details as may be specified by MGM20 from time to time. You must also generate a Login.
You alone are responsible for your use of On Fleek and the protection of your Login. You are also responsible for all activities that occur in connection with your Login and account. You agree to notify us immediately of any unauthorised use of your account.
We may, without prior notice to you, suspend (in part or whole) or terminate your account or access to On Fleek if:
(a) there is a malfunction, fault, or breakdown of any equipment we use or any repairs, maintenance, or services are required;
(b) we are required to do so by law;
(c) an event of Exceptional Circumstance occurs, which affects or may affect our ability to provide On Fleek and any related services;
(d) if we determine that you:
(1) are in breach of your obligations under clause 2;
(2) have engaged in prohibited conduct under clause 4;
(3) we are notified by our Retailers or it comes to our attention that you have failed to comply with your payment obligations in clause 1; or
(4) are otherwise in breach of these Terms and Conditions, such breach has not been remedied within 5 days of our notice to you, given in any of the ways mentioned in clause 7;
(e) a person claims that On Fleek infringes their Intellectual Property Rights; or
(f) a person makes a Claim that exposes us to Liability.
A suspension for any of these reasons will not affect any right which accrues prior to, or after, suspension of our obligations under these Terms and Conditions.
3.4 Fraud; suspicious activity
(a) If we otherwise detect that your account shows signs of fraud, abuse or suspicious activity, we may take any of the following actions as we deem reasonable, such as suspending your account or notifying any affected or potentially affected Retailers associated with your account.
(b) If you have or we suspect that you have carried out any fraudulent activity, we may take necessary legal action and you may be Liable for any Loss we incur, including litigation costs and damages.
(c) If you wish to contest the suspension or deactivation of your account, please contact us.
3.5 Availability; Downtime and Limitations
(a) It is possible that some or all of On Fleek may be unavailable from time-to-time, including for Scheduled Maintenance, other maintenance or while we make improvements.
(b) If we anticipate that we may need to interrupt your use of or access to On Fleek for longer than we would normally expect, we will take reasonable steps to tell you in advance.
(c) You agree that:
(1) your access to and use of On Fleek may occasionally be limited due to maintenance;
(2) access to On Fleek is reliant upon various factors outside our control, including, without limitation, events of Exceptional Circumstance, your internet service provider, telecommunications provider or equipment used to access On Fleek;
(3) although we will use reasonable endeavours to ensure you have access to On Fleek, we are not Liable to you or any other person for any Claim or to any other extent for Loss or damage caused by such factors; and
(4) you will have no Claim against us in respect of loss of access or functionality to On Fleek referred to in this clause 5.
(a) On Fleek does not sell specific Products supplied by Retailers on its website. Unless otherwise stated, any product information which may be displayed on our On Fleek from time to time is provided to us by our Retailers. This includes (but is not limited to) Product descriptions, inclusions or exclusions, images and Product availability. We are not responsible for such information and we rely on the accuracy of the information supplied by our Retailers, including but not limited to information regarding the quality, merchantability or fitness of such Products.
(b) To the extent permitted by law, if we become aware that the information provided or displayed by a Retailer is incorrect or incomplete, we reserve the right to but are not responsible for correcting the information.
(c) Some Retailers may impose additional terms and conditions on your purchase. If applicable, please read such terms and conditions carefully before proceeding. By proceeding, you signify your agreement to abide by those additional terms and conditions.
(d) You agree and acknowledge we are not responsible for any changes, discontinuance or withdrawal of any promotion or Product offered by a Retailer, which you have been redirected to through On Fleek.
5. Ordering and payment
5.1 Prices and currency
(a) We do not charge you any fees for you using On Fleek.
(b) Unless otherwise specified, the Purchase Price for a Product advertised by a Retailer is in Australian dollars and includes GST.
5.2 Orders and Payment
Once you have selected the Retailer from whom you wish to purchase a Product, you will be redirected to that Retailer’s website. You are responsible for paying to the Retailer the full Purchase Price plus shipping, transport or other costs for each Product you agree to buy from a Retailer as referred through On Fleek.
You agree and acknowledge that by choosing to purchase a Product from a Retailer and paying the Purchase Price, you are not entering into any contract with us in respect of that purchase.
6. Links to Retailer and third-party websites
For your convenience, we may provide links or references to external websites or applications, including to those of Retailers. We do not control or endorse those external websites or applications, and are not responsible or Liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to or reliance on such websites.
7. Intellectual Property Rights
7.1 Our Intellectual Property
(a) The Technology is protected under Australian and international copyright and other laws governing the protection of Intellectual Property Rights.
(b) Intellectual Property Rights in images, trade marks and other content in On Fleek (other than Products) are owned by us or our licensors. You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, translate, adapt, or edit such materials.
(c) You must not use, register or attempt to register any trade marks or domain names that are derived from, substantially identical or deceptively similar to that of MGM20 or its Related Entities (as that term is defined in the Corporations Act 2001 (Cth)).
7.2 Permission to use your posts
(a) You (or your licensors) retain ownership of the content in any posts you make with On Fleek.
(b) You grant to us a perpetual, irrevocable, worldwide, royalty-free, transferable, licensable and sub-licensable right to use, copy, modify, distribute, publish and process any content that you post on On Fleek or forums controlled by us.
(c) You give us your complete and genuine consent to our use of all or any portion of any content that you post in use of On Fleek for the purposes of allowing you to use On Fleek (and including such other ancillary purposes), even if such use would otherwise be an infringement of your moral rights (as that term is defined in the Copyright Act 1968 (Cth)).
8. Application of Retailer policies
(a) Products purchased from a Retailer are subject to that Retailer’s policies and terms and conditions, including but not limited to returns, change of mind, cancellation, exchange and shipping.
(b) You acknowledge and agree we are not agents of any Retailer appearing on On Fleek and that the operations of Retailers are independent of On Fleek and are not under our control.
9.1 Entitlement to Reward Points
(a) If you do not return the Product to the Retailer from whom the Product was purchased, on or before the greater of:
(1) the expiration of that Retailer’s specified returns period; or
(2) 30 days,
then you may be entitled to receive Reward Points.
(b) The value of the Reward Points will be a percentage of the Purchase Price (as specified by MGM20 in its sole discretion), unless otherwise advised by MGM20 from time to time.
(c) Upon making a purchase of a Product through one of our Retailers, you will be asked to select your preferred redemption of Reward Points in one of the forms outlined in clause 2.
(d) Your Reward points will become available in your account once your purchase has satisfied the requirements of clause 1(a), and not before. You will be able to redeem the Reward Points on your account only once per Product purchased.
9.2 Claiming Reward Points
(a) At the time of your purchase you will be asked to nominate to redeem your Reward Points with On Fleek for the value calculated in accordance with clause 1(b) through one of:
(1) nominating to fund an environmentally beneficial project supported by us, including but not limited to the planting of trees for the purposes of carbon sequestration;
(2) claiming a voucher or discount code from a Retailer via On Fleek, which may be used for subsequent purchases from that Retailer. The Retailer from who you claim the voucher or discount code may or may not be the same Retailer from whom your original Product was purchased; or
(3) another option which MGM20 may make available and specify in writing from time to time.
(b) MGM20 may at any time, including after you have selected your preferred redemption but before the redemption occurs, opt to:
(1) provide further detail in writing of the Reward Points, including but not limited to information regarding the value of the Reward Points or the type of environmentally beneficial project to which your Reward Points will contribute;
(2) suspend or discontinue the supply of an Reward Points option.
(c) Reward Points which are redeemed via voucher or discount codes cannot be converted to or exchanged for money and are only redeemable for future purchases made from Retailers via On Fleek in accordance with clause 2.
(d) Once you select a Retailer with whom you wish to claim a voucher, you will not be able to reverse or change that selection.
9.3 Application of Australian Consumer Law
For the avoidance of doubt, nothing in this clause excludes or prevents you from exercising your Australian Consumer Law rights to a remedy from a Retailer, including for repair, replacement or refund.