TERMS AND CONDITIONS
1. TERMS AND CONDITIONS
By downloading, browsing, accessing or using this Crescent Connect mobile application you agree to be bound by these Terms and conditions. We reserve the right to amend these terms at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
In these Terms and Conditions of Use, the following terms shall have the following meanings, except where the context otherwise requires:
“Account” means an account created by a User on the Application as part of Registration.
“Merchant” refers to any entity whose products or Services can be purchased and/or redeemed (as the case may be) via the Mobile Application.
“Redeem” means to redeem a Merchant’s products or services on these Terms and Conditions.
“Register” means to create an Account on the Mobile Application and “Registration” means the act of creating such an Account.
“Products” means products and services of a Merchant or third party supplier, including without limitation, any coupons, vouchers or discounts offered by merchants for the redemption.
“Services” means all the services provided by Crescent Connect via the Mobile Application to Users, and “Service” means any one of them.
“Users” means users of the Mobile Application, including you and “User” means any one of them.
3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES
3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application and the making of any Redemptions are subject to these Terms and Conditions of Use.
3.2 Location: The Mobile Application, the Services and any Redemptions are intended solely for use by registered Users.
3.3 Scope: The Mobile Application, the Services and any Redemptions are for your non-commercial, personal use only and must not be used for business purposes.
3.4 Prevention on use: We reserve the right to prevent you using the Mobile Application and the Service (or any part of them) and to prevent you from making any Redemptions.
3.5 License to Use Material: By submitting any text or images (including photographs) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
4.1 You can use coupons, vouchers and discounts by Redemption only from the Mobile Application.
4.2 By making any Redemption, you acknowledge that the Redemption is subject to these Terms and Conditions of Use.
4.3 Any attempted Redemption not consistent with these Terms and Conditions of Use may be disallowed or rendered void at our or the relevant Merchant’s discretion.
4.4 Crescent Connect and merchants reserve the right to discontinue a service, coupon, voucher or discount at any time without any prior notification.
4.5 Coupons, vouchers and discounts are not transferable and are not redeemable for cash and cannot be combined with any other coupons or any other offer or discounts or promotions offered by Crescent Connect.
5. LOCATION ALERTS AND NOTIFICATIONS
5.1 You agree to receive notifications and alerts on the Mobile device.
6. YOUR OBLIGATIONS
6.1 Merchant terms: You agree to (and shall) abide by the terms and conditions of the relevant Merchant for which your Redemption relates to, as may be amended from time to time.
6.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
6.3 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application.
7. RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATION
7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions.
7.2 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.
7.3 We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.
7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.
7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
8. SUSPENSION AND TERMINATION
8.1 You can stop using the Service at any time. Crescent Connect reserves the right to suspend or end the Service at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others’ use of the Service.
9. DISCLAIMER AND EXCLUSION OF LIABILITY
9.1 You agree that your use of the Services shall be at your sole risk and responsibility. To the maximum extent permitted by mandatory applicable law, in no case is the Company, its directors, employees, volunteers or affiliates responsible or liable for any indirect or consequential loss, including without limitation, damages, loss of reputation, equipment failures or other damage or loss, arising out of or relating in any way to (i) the use or the inability to use the Services; (ii) reliance placed by you on the completeness, accuracy or existence of any of the Services (iii) any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (iv) unauthorized access to or alteration of your data or failure to keep your password or account details secure and confidential; (v) the deletion of, corruption of, or failure to store, any your content and other communications data maintained or transmitted by or through your use of the Services; (vi) any errors in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services; or (vii) Crescent Connect, its service providers and merchants reserve the right to discontinue a service, coupon, voucher or discount at any time.
10.1 You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by Crescent Connect, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
11.2 Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
11.3 We will not hesitate to take legal action against any unauthorised use of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
12.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
13. APPLICABLE LAW AND JURISDICTION
13.1 The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the Australian laws, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.
13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Australia in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.
Telephone: +1800 273723
Mail: 43 Ernest Street, Lakemba NSW 2195