Online Agreement Form for Knowy Pty Ltd Free Trial and Merchant Participation
This Online Agreement ("Agreement") is between Knowy Pty Ltd, ABN 84 650 136 539, of Unit 105 Finlayson Street, LANE COVE NSW 2066 AUSTRALIA ("Knowy"), and the entity agreeing to these terms ("Merchant") through the completion of the associated online form. This Agreement governs the Merchant's participation in the Knowy loyalty program ("Program").
Merchant Information:
The entity agreeing to these terms ("Merchant") is identified through the completion of the online form associated with this agreement. The specific details of the Merchant, including the Merchant Name, will be recorded as part of the form submission process.
Free Trial Offer:
Duration: 2 months, at no charge.
Benefits: Up to 3,000 Loyalty Points, marketing, and advertisement tools, and loyalty rewards access, valued at $1200.
Detailed Terms and Conditions:
1. Overview of the Program:
1.1 This Agreement, including these Terms of Use and the Order Form, constitutes a legally binding agreement between the Merchant and Knowy.
1.2 Knowy operates a loyalty program available to users who sign up and accumulate Loyalty Points by making purchases from participating merchants and uploading receipts.
1.3 Merchants can purchase a specified number of Loyalty Points for allocation to users, detailed in the Order Form.
1.4 Merchant Promotions are published only with the Merchant's agreement to terms including the offer, Loyalty Points issued, and availability period.
1.5 Users must upload a receipt to be issued Loyalty Points, deducted from the Merchant's Points Balance.
1.6 Knowy's decision on awarding Loyalty Points from the Merchant’s Points Balance is final.
1.7 Upon exhaustion of the Points Balance, Knowy will cease displaying Merchant Promotions and allocating Loyalty Points unless replenished.
1.8 Merchants agree to display Knowy advertising material prominently and inform customers of their participation.
1.9 The contractual relationship for the purchase and delivery of goods and services is solely between the Merchant and the User. The Merchant is responsible for fulfilling obligations to the User.
1.10 Merchants are liable for claims from Users for breach of warranty, damages, errors, or failures in performance.
1.11 If a claim is brought against Knowy related to the Merchant's responsibilities, the Merchant shall indemnify and hold Knowy harmless.
1.12 The Agreement continues until terminated in writing. The Merchant must have paid fees as set out in the Order Form to be issued Loyalty Points and be visible on the Application.
2. Termination:
2.1 Termination can be initiated by either party with at least five business days’ notice. Advance fees are non-refundable.
2.2 Knowy may terminate this Agreement immediately for a material breach or if the Merchant becomes insolvent.
2.3 Upon termination, the Merchant must remove all Knowy-related materials and will lose access to the Merchant Portal.
3. Advertising:
3.1 The Merchant authorizes Knowy to advertise their participation in the Program and grants a limited license for promotional use of their data, trademarks, and brand name.
3.2 The Merchant waives rights against Knowy for incorrect or misleading information.
4. Intellectual Property, Photographs, and Other Materials:
4.1 The Merchant grants Knowy a license to use, reproduce, and display provided materials.
4.2 Photos must represent the Merchant’s offerings accurately.
4.3 The Merchant ensures content does not infringe third-party rights and indemnifies Knowy against claims related to provided content.
5. Social Media Posts:
5.1 The Merchant must obtain Knowy's consent for social media posts referring to Knowy.
6. Use of the Merchant Portal:
6.1 Knowy grants the Merchant access to the Merchant Portal for data input and management of promotions.
6.2 The Merchant is responsible for securing their portal access.
7. Collection of Data:
7.1 Knowy retains rights to collected data, granting the Merchant a license for its internal use under separate terms.
8. Legal Nature of Loyalty Points:
8.1 Loyalty Points have no monetary value and are not transferrable.
9. Privacy:
9.1 Both parties adhere to privacy laws and Knowy's Privacy Policy in handling personal information.
10. Disclaimer of Warranties & Limitation of Liability:
10.1 Knowy services are "as is" without warranties beyond those mandated by law.
10.2 Knowy’s liability is limited as specified, with the Merchant's remedy being cessation of participation or a pro-rated refund of unused Loyalty Points.
11. Indemnity:
11.1 The Merchant indemnifies Knowy against losses related to their participation, use of the Merchant Portal, or breach of this Agreement.
12. Reviews:
12.1 Knowy is not responsible for the content of user reviews.
13. Governing Law:
13.1 This Agreement is governed by New South Wales law.
14. Changes to Terms:
14.1 Knowy may modify these terms, with changes notified on its website.
Post-Trial Subscription Fee:
Following the free trial, the Merchant may continue participating in the Program at a starting subscription fee of "from $55 per month." Final pricing, which may vary based on selected service levels, additional features, or promotional offers, will be communicated to the Merchant before the trial ends.
By checking the "I Agree" checkbox below and submitting this form, the Merchant agrees to these terms, forming a binding agreement with Knowy.