App Terms of Use

1. Account means a user account to access and use the Application.
2. Application means the CUB Coastr application, including any Updates from time to time.
3. Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of any goods, technology or application, and loss or corruption of information or data (including the costs of recovering or reconstructing any lost or corrupted data).
4. Content means any material in electronic format (which may include software) provided by CUB through the Application.
5. CUB Partners means entities who have partnered with CUB (such as pubs, clubs and other venues) in relation to the Application, which may include providing Offers relating to the CUB Partners to Users through the Application. In this context, partnering means having a contractual business relationship with CUB, not being a partner of CUB in the strict legal sense.
6. Device means an Apple Inc. iOS-compatible or Android-compatible mobile device.
7. Harmful Code means “back door”, “time bomb”, “logic bomb”, “Trojan Horse”, “worm”, “drop dead device”, “DoS attacks”, “DDoS attacks”, “virus” or any other malware, spyware or computer software routine having the effect of permitting unauthorised access to or use of any system, network or software, or disabling, damaging, corrupting, interrupting or erasing, or disrupting or impairing the normal operation of, any part of any system, network or software.
8. Intellectual Property Rights means any intellectual property rights subsisting anywhere in the world, whether or not now existing, including rights in relation to copyright (registered or unregistered), inventions (including patents, innovation patents and utility models), confidential information, technical information and know-how, registered and unregistered designs, registered and unregistered trade marks, and circuit layout rights, topography rights and rights in databases.
9. Notification means any alert, update or message (including direct marketing communications) that the Application initiates and sends to the User through their Device.
10. Offers means any offers, discounts or rewards offered by CUB or one or more CUB Partners to Users from time to time through the Application.
11. Personal Information has the meaning set out in the Privacy Act.
12. Privacy Act means the Privacy Act 1988 (Cth).
13. Start Date means the date the User first downloads or uses the Application (whichever comes first).
14. Third Party Links means any links to any websites, electronic communication, digital and social media platforms or other applications operated by third parties, including CUB Partners.
15. Third Party Services means any products, platforms, applications or services operated by any third parties (including CUB Partners) in connection with the Application or that may be required in order to use certain functionality of the Application, including any third party ordering or payment services or third party platforms used in connection with Offers or redeeming Offers.
16. Update means an update or any modifications to the Application, which may include changes to the Application to maintain it, to add or remove features or functionality, or to redesign it.
17. User Data means any information that the User provides through the Application, which may include Personal Information.
18. Venue means a venue (for example, a pub or club) which is referred to within the Application, which may be operated by a CUB Partner.

1. The User can register for an Account through the Application by providing CUB with their requested personal details, including their full name, age, date of birth, email address and mobile number.
2. The User must verify their age when prompted by the Application to do so.
3. The User must only register for an Account in their own name, and must not provide another person's Personal Information to register an Account.
4. The User may update their Account information on the Application through the Account settings.
5. The User must keep their password, and any record of it, confidential and must secure it from any unauthorised access or use.
6. The User is responsible for all activity on their Account, except where unauthorised activity occurs due to CUB's failure to take reasonable steps to prevent it.
7. The User must notify CUB as soon as practical if the User becomes aware of any unauthorised access to or use of their Account and must also then take reasonable steps as soon as practical to re-secure the Account.
8. The User may delete their Account through the settings on the Application or generate a new password (if the User has forgotten their password) by following the link on the Application login page.

1. CUB provides access to the Application for use by the User on a limited, non-exclusive and non-transferable basis in accordance with the terms and conditions set out in this Agreement.
2. CUB will use commercially reasonable efforts to ensure the Application is available 24 hours a day, 7 days per week, however the Application may become unavailable from time to time for any scheduled Updates or as a result of events beyond CUB's reasonable control.

The User must not, and not permit any person to:

1. use the Application for any purpose other than in accordance with this Agreement;
2. reverse-engineer, decompile, translate or disassemble the Application or any Content (except as may be permitted by statute);
3. bypass, or attempt to bypass, any security features of the Application, or introduce, upload or transmit any Harmful Code to the Application;
4. copy, reproduce, distribute, publish or otherwise use the Application or any Content in any manner or for any purpose not expressly authorised by this Agreement;
5. assign, transfer, sell, lease, license or sub-license the Application to any third party or dispose of, encumber or charge the Application in favour of a third party;
6. provide any third party with access to the Application other than as expressly permitted under this Agreement;
7. challenge or repudiate or take any action to impair, prejudice or diminish the Intellectual Property Rights in the Application or any Content;
8. remove or interfere with any copyright or trade mark notices contained within the Application or any Content;
9. demonstrate the Application for the purpose of engaging a person to replicate the functionality or features contained in the Application;
10. modify any documentation, instructions or manuals provided or made available in relation to the Application or any Content;
11. misuse the functionality allowing Users to share Offers including sending an excessive number of Offers, sending Offers to other individuals who are unknown to the User or sharing Offers by electronic message with any person (including existing users) without their consent;
12. send any electronic message to a person who is not a user of the Application inviting them to become a user or to any person (including existing users) to participate in any Offer, unless they have consented to receive that electronic message; or
13. engage in harassment or other inappropriate conduct through or in connection with the Application.

1. CUB does not warrant that all Devices can access and use the Application.
2. The User may incur charges from their mobile service provider for using the Application. These charges are the User's responsibility and any matters regarding these charges should be raised with the relevant mobile service provider directly.
3. In order to use certain functionality of the Application, the User must enable settings on their Device to allow:
   1. the collection of the User's location data; and
   2. notifications to be sent to the User through the Application.

1. The User may select whether or not they agree to receive Notifications. The User may change their selection at any time by following the prompts on the Application.
2. If the User does not agree to receive Notifications through the Application, the User may not be provided with certain Offers which are delivered through Notifications.
3. In some circumstances, Notifications may not reach the User's Device due to the requirements or limitations of the communications network or system outages or due to factors beyond CUB's control, such as the User's internet connection.
4. CUB does not guarantee that the Application will provide any Notifications.

1. CUB may include Third Party Links on the Application. These links are provided for the User's convenience or to enable the User to access certain functionality.
2. The User may use Third Party Services in connection with the Application and the Offers, including applications and platforms used to order and facilitate payment for food and drinks and redemption of Offers at Venues.
3. You acknowledge and agree that the Third Party Links and Third Party Services do not form part of the Application (although in some cases they may be required in order to obtain the full benefit of the Application) and are not under CUB's control nor are the third parties controlled by CUB. The User accesses those Third Party Links and Third Party Services at their own risk. CUB is not responsible for any loss or damage you may suffer as a result of accessing any Third Party Links or Third Party Services.

1. The User acknowledges and agrees that CUB does not provide any guarantee regarding the accuracy, reliability, timeliness, performance or fitness for purpose of the Application or Content or that the Application or Content is error-free. The User acknowledges that certain Content may be provided by CUB Partners (including in relation to Venues, Offers, events and product offerings) and is not under CUB's control. Content and information provided by CUB Partners or in relation to Venues may be inaccurate or unreliable. CUB will use commercially reasonable endeavours to maintain and keep the Application and Content accurate, available and current in accordance with good industry practice.
2. The User acknowledges that certain Content provided on the Application (including in relation to maps, navigation and directions) may be sourced from third parties and is to be used for your general information only. Such Content is not provided as a recommendation or advice by CUB or any CUB Partner. Location and map data, access requirements and navigation directions accessible through the Application may be inaccurate or incomplete.
3. Before acting or making any decision in whole or in part based on the Content, the User must ensure that the User uses their own discretion and independently checks any factual information.

1. The User acknowledges that Offers made available via the Application:
   1. may vary from User to User;
   2. may depend on your location, preferences and prior use of the Application;
   3. may apply for a limited period of time only and may only be redeemable if the Offer is live at the time the User wishes to make use of the Offer;
   4. may be subject to change by CUB or the relevant CUB Partner;
   5. may be subject to availability of the relevant goods or services referenced in the Offer; and
   6. cannot be transferred to other individuals (unless otherwise stated in the Offer).
2. The User acknowledges and agrees that Offers may be subject to additional terms and conditions of CUB or the relevant CUB Partner as notified to the User in the Application.
3. The User acknowledges and agrees that additional rules and terms and conditions may apply to Offers at any relevant Venue, including the liquor serving policy of the relevant Venue.
4. The User acknowledges and agrees that redemption limits, consistent with the National Medical and Research Council (NHMRC) guidelines, apply to all Offers made available via the Application. The User acknowledges that certain Offers may be temporarily irredeemable in the Application due to these redemption limits.

1. The User should consider the responsible and recommended consumption of alcohol when using the Application and redeeming any Offers provided via the Application.
2. The User should consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol - see: https://www.nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol.

1. From time to time, CUB may provide Updates to the Application. CUB is not required to give the User any prior notice before implementing an Update.
2. If the User provides CUB with any feedback, suggestion or comment regarding the Application, the User grants to CUB a worldwide, irrevocable, perpetual, sub-licensable, transferable, royalty-free licence to use and exploit any such feedback, suggestion or comment for any purpose without any obligation or compensation to the User.

1. As between the parties, the title to and ownership of the Application, including all Intellectual Property Rights in the Application, the Content and any Updates, remains with CUB.
2. Any rights that are not expressly granted to the User in this Agreement are expressly reserved by CUB.
3. The User grants CUB:
   1. a non-exclusive, non-transferable, sub-licensable, royalty-free licence to use the User Data for the purposes of providing the Application in accordance with this Agreement or otherwise exercising its rights under this Agreement; and
   2. a non-exclusive, non-transferable, sub-licensable, perpetual and irrevocable royalty-free licence to use the User Data in a de-identified and aggregated form for any purpose, including for research purposes to create analytics and databases and to improve or otherwise develop the Application and the CUB services and products. As between the parties, CUB owns all right, title and interest in such research, analytics and databases. CUB may share these with third parties, including the CUB Partners.

1. In performing this Agreement each party will comply with the Privacy Act including the Australian Privacy Principles as may be applicable to that party.
2. CUB may collect your Personal Information in order to allow you to establish an Account and use the Application, to operate and improve the Application, to provide you with relevant Offers and services which relate to your preferences or location, to send you direct marketing communications and to administer CUB's relationship with you.
3. The User acknowledges that geo-location data may be collected by CUB through the User's use of the Application. The User acknowledges that CUB may continue to collect the User's Personal Information, such as geo-location data, even when the Application is not in active use depending on the settings on your Device. The User is responsible for amending any settings on their Device or in the Application if the User does not want CUB to collect their geo-location data while they are not using the Application.
4. CUB will collect information regarding your preferences in relation to your use of the Application and information you provide through the App (including your food and beverage preferences, favourite Venues, attendance at Venues, use of Offers and behavioural trends). CUB will use this information to provide you with relevant Offers and tailor the information and Content provided to you through the Application.
5. The User may opt-out of receiving direct marketing communications at any time by contacting CUB, changing their Notifications and marketing settings in the Application or following the instructions in the direct marketing communications.
6. CUB may disclose the User's Personal Information in an aggregated, de-identified format to CUB Partners who are associated with the User's use of the Application, for example when a User accepts or redeems an Offer provided by a CUB Partner.
7. The User consents to CUB disclosing the User's Personal Information to other users or individuals as reasonably necessary where the User has consented to CUB doing so or where reasonably necessary because the User has shared an Offer or communicates with a potential or actual user of the Application.
8. CUB also collects technical information and general analytics in a de-identified form arising from your use of the Application. This information is used for the purpose of gauging usage traffic and trends to improve the Application, for research and analytics activities and to improve and promote CUB's and CUB Partners' products and services.
9. CUB may disclose the User's Personal Information to its related companies and to its service providers, e.g. IT service providers and marketing agencies, in connection with the above purposes. The User's information may be disclosed to parties located internationally including in Japan, the Philippines, the United Kingdom and the Netherlands.
10. CUB's privacy policy, located on CUB's website at https://cub.com.au/privacy-policy/ contains information about how a person may seek to access or correct the Personal Information that CUB holds about them, how they may complain about a privacy breach and how CUB will deal with such a complaint.

1. In relation to the other party’s confidential information, each party will (and CUB will take reasonable steps to ensure that any person employed or engaged by it who receives that information will):
   1. keep that information confidential and secure;
   2. not disclose or permit disclosure of that information to any person other than as reasonably required for purposes associated with this Agreement; and
   3. not use or permit the use of that information other than as reasonably required for purposes associated with this Agreement.
2. The source code and object code in the Application, and the Content, is (as between the parties) CUB's confidential information.
3. Clause 15(a) does not apply to the extent that information:
   1. is publicly available, other than due to a breach of this Agreement;
   2. was known to the relevant party prior to the execution of this Agreement; or
   3. must be disclosed by a party under an applicable law.

1. The User acknowledges and agrees that the Application cannot be guaranteed error-free.
2. Subject to clause 8, CUB warrants to the User that their access to and use of the Application in accordance with this Agreement will not, to the best of CUB's knowledge at the date of this Agreement, infringe the Intellectual Property Rights of any third party in Australia.
3. On becoming aware of any claim or allegation by a third party against the User alleging that an authorised use by the User of the Application in Australia infringes the Intellectual Property Rights of that third party, the User must:
   1. promptly notify CUB in writing, giving full particulars of any infringement, suspected infringement or alleged infringement;
   2. give CUB the option to conduct the defence of such a claim, including negotiations for settlement or compromise prior to or after the institution of legal proceedings;
   3. provide CUB with any assistance it may reasonably require in conducting the defence of such a claim; and
   4. authorise CUB to:
      1. modify the Application or replace elements of it, to render the Application non-infringing without materially diminishing its functionality; or
      2. obtain for the User's benefit the authority to continue access to and use of the Application,

      however, if neither of the above can be achieved using reasonable commercial efforts, CUB may terminate this Agreement (or the relevant part of it) by written notice to that effect.

4. CUB's liability in relation to any breach of the warranty in clause 16(b) does not apply where the infringement is caused or contributed to by:
   1. the use by the User of the Application in a manner which is inconsistent with the rights granted under this Agreement, or with any documentation or written operating instructions or guidelines provided by CUB;
   2. use of the Application other than in the normal and customary manner for the purposes for which it is designed;
   3. the combination of the Application with any materials that are not supplied by CUB; or
   4. data that is provided to CUB, or that is entered into the Application, by the User, including the User Data.
5. Except for any express warranties contained in this Agreement, to the extent permitted by law, CUB expressly excludes all conditions and warranties, whether express or implied, statutory or otherwise.

1. The Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties or remedies relating to the Application which cannot be excluded, restricted, qualified or modified by CUB (Non-Excludable Rights). Nothing in this Agreement excludes or attempts to exclude the User's Non-Excludable Rights as a consumer under the ACL.
2. Each party's liability arising out of or in connection with this Agreement whether in contract, equity, negligence, tort or for breach of statute or otherwise, including under a warranty or indemnity, will be reduced by the extent, if any, to which the other party's breach of this Agreement or negligence caused or contributed to the liability.
3. Neither party will be liable to the other party, including in negligence, for any Consequential Loss arising out of or in connection with this Agreement (or any breach of it) or the Application.
4. To the maximum extent permitted by law, except as otherwise expressly stated in this Agreement, CUB, its directors, officers and employees are not liable (whether in contract, tort including negligence, under statute or otherwise) for any loss, liability, cost, damage, expense or claim (including loss of profit or revenue, loss of use, legal costs and defence or settlement costs) arising under or in connection with:
   1. any act or omission of any CUB Partner;
   2. any Third Party Links or Third Party Services;
   3. errors in the Offers, Content or other content displayed or referred to in the Application; or
   4. errors, omissions, data loss, file corruptions, interception of transmissions, downloads, computer worms, viruses, hacking or damage to your Device caused or contributed to by your use of the Application or reliance on the content of the Application.
5. To the fullest extent permitted by law, each party's total aggregate liability in connection with this Agreement to the other party (whether under statute, in contract, in tort, including negligence, or otherwise) for any liability, loss, damage or expense suffered or incurred by the other party is limited to AU$100.
6. If a supply by CUB under this Agreement is a supply of goods or services to a consumer within the meaning of the ACL, to the extent that the ACL permits CUB to limit its liability, then CUB's liability is limited to:
   1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
   2. in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

1. Without limiting CUB's rights, CUB may suspend the User's access to or use of the Application if any use of the Application by the User occurs in breach of this Agreement that in CUB's reasonable opinion threatens the security, integrity or availability of the Application. CUB will use commercially reasonable efforts to provide the User with notice of any such suspension.
2. Either party may terminate this Agreement by written notice to the other party if:
   1. the other party breaches this Agreement and the breach is capable of remedy, but the other party does not remedy that breach within 7 days from the date of receiving written notice to do so; or or
   2. the other party breaches this Agreement and the breach is not capable of remedy.
3. CUB does not guarantee that the Application will be available forever. If CUB decides to cease providing the Application, it may terminate this Agreement by written notice to the User. In that case CUB will provide the User with notice so that the User has reasonable time to make use of any accrued rewards, tokens or the like and is not unduly disadvantaged by the termination.
4. The User may terminate this Agreement at any time by deleting their Account. If the User deletes their Account, any Offers attributed to the User and any accrued rewards, tokens or the like will expire and will no longer be available for use.
5. On expiry or termination of this Agreement for any reason:
   1. the expiry or termination is without prejudice to any rights or liabilities of the parties accrued as at the date of termination; and
   2. the User must immediately cease using the Application.

The following additional terms apply if the User accesses or uses the Application on an Apple Inc. (Apple) iOS-compatible Device:

1. These terms and conditions are between CUB and you and not with Apple. CUB, not Apple, is responsible for the Application.
2. The User may only access and use the Application on an Apple-branded Device owned or controlled by the User and in accordance with Apple's usage rules as set out in the Apple Media Services Terms and Conditions effective on the date the User downloads the Application.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. CUB is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price (if any) for the Application to the User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
5. CUB, not Apple, is responsible for addressing any claims relating to the Application or the User's possession and/or use of the Application, including, but not limited to:
   1. product liability claims;
   2. any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
   3. claims arising under consumer protection, privacy, or similar legislation.
6. In the event of any third party claim that the Application or the User's possession and use of the Application infringes that third party’s Intellectual Property Rights, CUB, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. The User warrants and represents that the User is not:
   1. located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or
   2. listed on any U.S. Government list of prohibited or restricted parties.
8. The User must comply with applicable third party terms of agreement when using the Application, for example the User's agreement with their internet service provider.
9. Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions and Apple may enforce these terms and conditions against you as a third party beneficiary thereof.

Google Inc. is not responsible for, and will not have any liability whatsoever under, this Agreement.

1. In this Agreement the words "including", "include" and similar words are not words of limitation.
2. Neither party may assign this Agreement or any right or obligation under it without the prior written consent of the other.
3. Any provision of this Agreement that is expressed to survive, or by its nature survives, the termination or expiry of this Agreement (including clauses 14 and 15) will survive the expiry or termination of this Agreement and will continue in effect.
4. If any clause or part of any clause of this Agreement is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this Agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
5. This Agreement is to be governed and construed in accordance with the laws for the time being in force in Victoria, Australia and the parties irrevocably submit to the jurisdiction of the courts and tribunals having jurisdiction in that State.
6. This Agreement constitutes the entire agreement between CUB and the User in relation to the Application.
7. CUB may vary the terms of this Agreement from time to time provided that doing so does not cause unreasonable detriment to the User. The latest version of this Agreement will be available within the Application. By using the Application, you agree to the latest version of this Agreement.

If you have any questions, complaints or claims related to the Application please contact CUB on the following details:

CUB Pty Ltd

Address: 58 Queensbridge Street, Southbank, Victoria, 3006

Email: support@coastr.com.au