The below terms and conditions are for the Energy Networks 2018 Reduce Your Juice Program.
1 The Program is owned and operated by Brisbane GreenHeart CitySmart Pty Ltd ACN 099 480 010 (CitySmart, we, us, our) in conjunction with our Program Supporters.
2 These terms and conditions apply to the Program, Website, App and related services (Program).
3 In these terms and conditions, unless the context otherwise requires:
(a) App means the Smartphone app designed for use in the Program.
(b) Intellectual Property Rights means all present and future rights in relation to all or any patent, copyright, moral right, trademark, invention, business or company trading names, trade secrets, work methods, tacit knowledge, technical know-how, rights in circuit layouts, database rights, design rights, the right to have confidential material kept confidential, information, data, know-how or experience and any application or right to apply for registration of any right, whether registered or not.
(c) Program means the Reduce Your Juice Program operated by CitySmart.
(d) Program Supporters means a person or entity which assists us to provide the Program, including the Program Supporters identified in section 4.
(e) Reward means a good or service, or entitlement to a good or service, obtained by successfully completing a defined part of the Program.
(g) You means a participant or an applicant to be a participant in the Program.
Our Program Supporters
4 To provide the Program, CitySmart has engaged a number of Program Supporters, including:
(a) Energy Networks Australia, which has funded the Program and offers it leading up to and during Energy Networks 2018.
About the Program
5 The Program is designed to showcase the behaviour change program to Energy Networks 2018 conference and exhibition attendees.
6 CitySmart reserves the unconditional right to accept or reject participants, to remove a participant from the Program at any time, and to limit the number of participants.
7 Participation in the program will involve each participant downloading and accessing the Reduce Your Juice App (App), playing interactive games on the App regularly and receiving associated program communications via email, SMS or push notifications.
8 The Program will take approximately 4.5 weeks to complete, with 2.5 weeks of active program game play.
9 To recognise your contribution in the Program, you will be eligible to receive – a range of incentives or Rewards upon completion of various segments of the Program and then upon completion of the Program in its entirety. All participants of this program will be eligible to win these Rewards, regardless of whether they attend Energy Networks 2018.
10 By undertaking the pre-program survey conducted as part of the Program, you also have an opportunity to win a Reward. Details and terms and conditions for this competition will be confirmed shortly.
11 Participation in the Program is entirely voluntary. If you commence participating in the Program, you can withdraw at any time without penalty. Your decision to participate or not participate will in no way impact upon your current or future relationship with CitySmart or any of our Program Supporters.
12 However, if at any time you unsubscribe from the Program or from receiving communications from us or if we are unable to contact you, you will no longer have access to the Program or Rewards and will no longer receive alerts in relation to the Program.
Accessing the Program
13 To participate in the Program, you must have access to a compatible mobile device, internet and network access. You are solely responsible for providing and the cost of the mobile device, computer, software and access.
14 Your right to access and use the Program, Website and App are personal to you and are not transferable to any other person or entity.
15 You are solely responsible for all actions taken using your username, email or password. If at any time you believe your username or password has been compromised, you should immediately contact us via email@example.com and also change your password.
16 Upon successful completion of key parts of the Program (such as survey completion and program completion) you are eligible to win a reward. Criteria for these Rewards will be confirmed shortly.
17 All Rewards are subject to availability and substitutions may be made at CitySmart’s discretion.
18 CitySmart makes no warranties or representations, whether express or implied and expressly disclaims any and all liability (including consequential loss or damages) with respect to the value, type, quality, standard, fitness or suitability for any of the Rewards. Any warranty claims in respect to a Reward must be directed to the manufacturer or service provider in accordance with any warranty information provided with the Reward.
19 The Reward will be offered to participants for personal use and is not for resale. Participants who are public service employees accept the Reward at their own discretion, and are solely responsible for adhering to their own organisation’s corporate gifting code of conduct.
20 You must not:
(a) distribute all or any part of the Program or the contents of our Website or App, other than as intended or as agreed by us in writing;
(b) do anything which alters the Website or interferes with or affects its working;
(c) remove anything from our Website, add anything to it or create a link to or from another website;
(d) disrupt or interfere with any other user’s use of the Program;
(e) impersonate any person or entity;
(f) use the Program, Website or App in any manner or for any reason not expressly permitted by these terms and conditions;
(g) access third party submissions or other content on our App or Website, other than as expressly authorised by us;
(h) use the Program, App or Website to list, upload, post or transmit any information or material in any manner or for any purpose that is illegal, unlawful, breaches the privacy or intellectual property rights of another person or entity, is offensive, defamatory, deceptive, deceitful, misleading, inaccurate, fraudulent, obscene, indecent, vulgar, harmful, advocating violence, threatening, abusive, harassing, or contrary to any law;
(i) use or launch any automated system including, without limitation, any offline readers, spiders or robots that access our Website or App in a way that:
(ii) sends a larger number of request messages to our servers or to other users of our Website or App that can reasonably be produced by a human in the same period using a conventional on-line web browser;
(iii) sends spam to any other user; or
(iv) annoys or harasses any other user;
(j) post or transmit or permit the posting or transmission of any material which contains a virus or other harmful data, code or material;
(k) collect, or attempt to collect, any personal information about any other user;
(l) store, download or redistribute content from our Website or App other than as intended or as agreed by CitySmart in writing;
(m) circumvent, disable or otherwise interfere with any security-related features of our Website or App or features that prevent, limit or restrict use or copying of any content from our Website or App;
(n) attempt to decompile or reverse engineer any part of our Website or App or to obtain unauthorised access to or copy any part of our Website or App or any part of our Website or App.
Links to other websites
21 Our Website or the App may contain links to third party websites. These links are provided as a reference only and not as an endorsement of those websites, their operators, or the goods or services or the content offered or represented through them.
23 If you choose to access a third party website from our Website or App, you do so at your own risk. CitySmart is not responsible for, has no control over and accepts no liability in respect to the content or operation of third party websites or any of the goods or services offered or represented through them.
Considerations when you participate in on-line forums
24 As part of the Program we may offer chat rooms, discussion boards, online forums and other interactive technologies that allow individual comments and messages to be tied to a user’s name or e-mail address.
25 Any information you post in such forums is public information and CitySmart cannot control what uses third parties may make of any personal or other information you share in such forums.
26 You should exercise caution before disclosing or posting any information, including personal information, on on-line forums.
27 The Program, Website, App and Rewards are provided on an ‘as is’ and ‘as available’ basis.
28 We do not represent or warrant:
(a) that you will have uninterrupted or error-free access to or use of the Program by any method. Access will be interrupted from time to time, for example, as a result of software or equipment malfunction, for periodic updating of our Website, App or IT systems, for maintenance and repair or for other actions we may deem necessary or desirable or which are beyond our control;
(b) that the Website or App or any files available for downloading will be error-free or free from viruses, faults or defects or that any bugs, viruses, Trojans or other corrupting programs will not be transmitted to or through the Website or App; or
(c) that the content of the Program is accurate, complete or suitable for any purpose. You must rely upon your own judgement.
Exclusion of liability
29 CitySmart makes no warranties or representations of any kind, express, statutory or implied as to:
(a) the availability of telecommunications services from your provider to our Website or App at any time or from any location;
(b) any loss, damage or interference in respect to the telecommunications services;
(c) any unauthorised disclosure of information to third parties or any failure to transmit any data, communications through the Website or App.
30 Under no circumstances will CitySmart be liable for any:
(a) incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, loss of business opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential losses or related expenses; or
(b) loss or damage, including (without limitation) any injury to any person or property,
however arising including, but not limited to:
(c) the use of the Website, App or Rewards;
(d) any technical difficulties or equipment malfunction (whether or not under CitySmart’s control);
(e) any variation in a prize or Reward or the value of any prize or Reward;
(f) any tax liability incurred by a winner or entrant; or
whether or not CitySmart has any notice of the possibility of any loss or damage.
31 Nothing in this agreement is intended or will be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this agreement, the Program, App or Software and which by virtue of any legislation (including the Competition and Consumer Act 2010) may not be modified or excluded.
32 As part of the Program we will contact you or send you information electronically via email, SMS or post. We therefore need your information to be up to date. You must therefore:
(a) ensure that any information you give us is accurate, current and complete; and
(b) keep your personal information accurate and up to date.
34 Personal Information will be provided to our Program Supporters for the purpose of assisting CitySmart to provide the Program.
Intellectual Property Rights
36 CitySmart reserves all its Intellectual Property Rights. The rights granted under this agreement to access and use the Program, App and Website are a licence only. Nothing contained in this agreement or otherwise grants to a participant any rights of ownership in all or any part of the Program, App or Website.
37 You acknowledge and agree that any suggestions for improvements, enhancements and other changes to the Program, App or Website and any material provided to CitySmart by you will belong to CitySmart and may be implemented by CitySmart in whole or in part without any payment or other compensation to you or anyone else.
38 You acknowledge that the Program, Website and App are the subject of copyright and other Intellectual Property Rights, laws and treaties. You must not at any time (either before or after termination of this agreement) do any act or permit the doing of any act which infringes that copyright and the other Intellectual Property Rights.
39 Subject to clause 43, if a provision of this document is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of this document.
40 Clause 42 does not apply if severing the provision materially alters the:
(a) scope and nature of this document; or
(b) the relative commercial or financial positions of the parties; or
(c) would be contrary to public policy.
(a) constitute the entire agreement between the parties about its subject matter and supersedes all prior contracts, arrangements and understandings in relation to that subject matter; and
(b) may only be altered in writing signed by all parties.
42 In this document, unless the context otherwise requires:
(a) a reference to:
(i) the singular includes the plural and the plural includes the singular;
(ii) a recital, clause, schedule or annexure is a reference to a clause of or recital, schedule or annexure to this document and references to this document include any recital, schedule or annexure;
(iii) any contract (including this document) or other instrument includes any variation or replacement of it and as it may be assigned or novated;
(iv) a statute, ordinance, code or other law includes subordinate legislation (including regulations) and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(v) a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority;
(vi) a person includes their legal personal representatives (including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns;
(vii) a group of persons is a reference to any two or more of them taken together and to each of them individually;
(viii) money (including ‘$’, ‘AUD’ or ‘dollars’) is to Australian currency;
(b) the meaning of any general language is not restricted by any accompanying example and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation;
(c) the words ‘costs’ and ‘expenses’ include reasonable charges, expenses and legal costs on a full indemnity basis;
(d) headings and the table of contents are for convenience only and do not form part of this document or affect its interpretation;
(e) a provision of this document must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the document or the inclusion of the provision in the document.
Accepting Terms and Conditions and authorising release of information to us
43 By selecting ‘I Accept’ on our Website, you unconditionally agree to and accept these Terms and Conditions.
44 If you do not accept all the Terms and Conditions or do not authorise information being released to us under section 47, do not select ‘I Accept’. However, you will not be able to register, use or access the Program or Rewards.
45 If you have any queries relating to the Program or the Terms and Conditions, contact us at firstname.lastname@example.org
Current as of 22 March 2018.