PLATFORM TERMS AND CONDITIONS

1. Terms

1.1 In these Platform Terms and Conditions (the “Terms”) the words “Trendii”, we”, “us” or “our” refer to Referboard Pty Ltd (ACN 149 939 855) trading as Trendii and includes its subsidiaries, and its respective directors, employees and agents. “You” or “Your” means the user or Member of the Platform. You should read these Terms carefully as they apply to your use of the Platform. The Platform is comprised of the website located at https://trendii.com/ (“Website”) and mobile Application (“App” or “Application”) (collectively referred to as the “Platform”).

1.2 By using or accessing the Platform you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Platform. If you do not agree to these Terms you should immediately cease accessing and using the Platform.

1.3 We reserve all rights to alter these Terms at our discretion. Each time you use the Platform, it is your responsibility to ensure that you are aware of our current Terms. Your continued use of the Platform following the publication of changes to these Terms is taken to be your acceptance of those changes.

1.4 These Terms, as amended by us from time to time, continue to apply for as long as you use the Platform and Services or until terminated in accordance with these Terms.

2. Interpretation

2.1 In these Terms:
“Account” means an account created by you on the Platform for your use of the Platform Features as listed in clause 3.1;
“Active Member”means a Member of the Platform who has earned Reward Points on their Account within the previous 12-month period from that point in time; “Application” or “App” means the Trendii mobile applications available on the IOS App Store or Google Play store;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;
“Cash Back Rewards” means the amount a Member can accumulate in their Account and convert into cash in their applicable currency by participating in one or more of the Rewards Programs, including but not limited to making an Eligible Shopping Transaction and referring a friend to the Platform;
“Commission” means the amount Trendii receives from Retailer for each Eligible Shopping Transaction;
“Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
“Content” means any material uploaded on the Platform by you including but not limited to text, image, logo, photo, audio, audio material, video material and audio-visual material;
“Eligible Shopping Transaction” means any purchase made by a Member on a Retailer’s website which is initiated via the Trendii Button on our Platform;
“Intellectual Property” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade-marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable) including, but not limited to, all technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights, whether created, written developed or brought to existence by us or you in the provision of the Services;
“Losses” means all losses, costs, damages, expenses, penalties, third-party claims and other liabilities and including all legal and other professional expenses on a solicitor client basis incurred in connection with investigating, disputing, defending or settling any claim, action, demand or proceeding and also includes all foreseeable and consequential loss;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform, or otherwise displayed, uploaded or published on, or via, the Platform;
“Member” means a user who has a valid Account;
“Retailer” means a Retailer listed on the Platform as participating in the Platform;
“Platform” means the Trendii Platform operated by us, inclusive of the Website and App;
“Points Rewards” means the amount of points a Member can earn and convert into Reward Incentives offered by us from time to time;
“Privacy Policy” means our privacy policy available at https://trendii.com/privacy;
“Refer a Friend” means the rewards program as set out in Clause 12;
“Referral Tracker” means the Trendii tracking system used for the following non-exhaustive purposes:
(a) ascertaining when a purchase has been made from a Retailer’s website; and
(b) to calculate, where applicable, Cash Back Rewards and Reward Points that are to be added to your Account.
“Related Bodies Corporate” has the meaning given in the Corporations Act 2001 (Cth);
“Retailer” means a Retailer listed on the Platform as participating in the Platform;
“Reward Incentives” means ‘rewards’ offered or provided to Members as part of the Platform, including but not limited to Cash Back Rewards and Reward Points;
“Terms” has the meaning in clause 1.1;
“Trendii Button” means a button or clickable image on the Platform which directs users and Members to a Retailer’s websites; and
“you" or "your" means the person or entity accessing, using or relying upon the Platform and includes, when applicable, the Customer.

2.2 Any reference in these Terms to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms unless otherwise specified.

3. The Trendii Platform

3.1 The features of the Platform include, but are not limited to, the following:
(a) general browsing of the Platform;
(b) linking to Retailer’s websites to make purchases;
(c) downloading the Trendii browser plug-in on your computer allowing you to easily identify products in a shoppable image;
(d) creating an Account to become a Member of the Platform;
(e) uploading Content to the Platform to make it immediately shoppable by yourself, other users and Members;
(f) tracking and redeeming accumulated Cash Back Rewards and Reward Points;
(g) generating Referral Links to share with friends and family,
(collectively, the “Platform Features”).

3.2 We may, for any reason, at any time and without notice to you change or remove Platform Features, including Platform functionality or withdraw the Platform all together.

3.3 You may not use the Platform other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Platform or the servers and networks that host the Platform. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Platform or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Platform.
(a) You warrant and represent that your access to, or use of, the Platform is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

3.4 You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Platform, inclusive of downloading the browser plug in, does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Platform.

4. Account Registration

4.1 You may use the Platform as a guest user of the Platform (without creating an Account) or as a Member (by creating an Account).

4.2 You must be over the age of thirteen (13) years old to register as a Member of the Platform. If you are under the age of 13 years, you must immediately cease accessing and using the Platform unless you have permission from a parent or guardian. If you are found to be under the age of 13 years old who has not gained permission from a parent or guardian to register as a Member of the Platform, we are entitled, at our absolute discretion, to terminate your Account.

4.3 To become a Member of the Platform you must create an Account with us by providing a username, a valid email address and nominate a password (“Password”). Registration is free. If you do not provide accurate and complete details, we may not be able to activate your Account.

4.4 You agree that you have sole responsibility for any activity that occurs on or using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.

4.5 We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Platform (temporarily or permanently) where you have breached these Terms or for any reasonable reason and at any time. Under these circumstances, you may be prevented from:
(a) accessing all or parts of the Platform, including your Account details, your Cash Back Rewards and Reward Points, or any other Content associated with your Account; and/or
(b) redeeming your Cash Back Rewards and Reward Points.

5. Communications from us

5.1 When you create an Account, you give us consent to send you emails that are necessary for us to continue to provide the Platform and Platform Features to you. These emails may include:
(a) verification or validation emails;
(b) account statements;
(c) creating an Account to become a Member of the Platform;
(d) responses to customer service enquiries you have made,
(collectively, the “Service Emails”).

5.2 As the Service Emails are required and necessary for us to provide the Platform and Platform Features to you, the only way to unsubscribe from receiving Service Emails for us is to terminate your use of the Platform, including the use of your Account.

5.3 You agree and acknowledge that we may also communicate with you at our discretion by any form of direct communication for which we have recorded details for you (subject to complying with any applicable laws and these Terms) including by mail, email, SMS or App push notification.
(collectively, the “Trendii Communications”)

5.4 You may unsubscribe from the Trendii Communications at any time through your Account dashboard.

6. Uploading to the Platform

6.1 As part of the Platform Features, you may upload Content to the Platform.

6.2 You must not upload any Content that:
(a) promotes illegal behaviour;
(b) is harmful, threatening, abusive or harassing;
(c) incites violence or is graphical of violence;
(d) is pornographic or exploits people in a sexual manner;
(e) is defamatory or libellous;
(f) relates to gambling or alcohol;
(g) promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;
(h) is false, misleading or fraudulent;
(i) consists of any Malicious Computer Program;
(j) impersonates any person or entity or falsely misrepresent your affiliation with a person or entity;
(k) violates or encourages violation of these Terms;
(l) invades another’s privacy;
(m) reveals anyone’s identification documents or sensitive financial information;
(n) is posted to disrupt the operation of the Platform and its related services; and/or
(o) is against public policy.

6.3 By uploading Content to the Platform, you represent and warrant that:
(a) you either own the Intellectual Property Rights in your Content or have the necessary permission to upload, post, transmit or otherwise make available your Content via the Platform; and (b) the Content is not prohibited under clause 6.3.

6.4 Any Content that is found to breach clauses 6.2 or 6.3, or any other term in these Terms, will immediately be removed by us and at our discretion, and your Account may be suspended or terminated.

6.5 We will endeavour to monitor Content that is uploaded to the Platform. However, we may not always be able to monitor all Content. We are therefore not responsible or liable for any breach of clause 6.2 or 6.3, or any other term in these Terms.

6.6 We may, at our discretion, pre-screen, reject or remove any Content uploaded by you for any reason.

7. Third-party Websites

7.1 Our Platform contains links to third-party websites, including Retailer’s websites. These linked third-party websites often have their own terms and conditions of use and you should familiarise yourself with them. You acknowledge that you access third-party websites at your own risk.

7.2 We are not liable for any activity you partake in on third-party websites linked through our Platform.

7.3 All linked third-party websites are linked “as is” and we do not:
(a) sponsor, endorse or necessarily approve of any material on third-party websites from or to our Platform;
(b)make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on third-party websites linked from or to our Platform; and
(c) offer any warranties or representations that material on other third-party website to which this Platform is linked does not infringe the intellectual property rights of any person anywhere in the world

7.4 We are not responsible for any loss or damage that may arise from your access to, and/or use of, third-party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked third-party websites. You should make your own enquiries before using and/or accessing third-party websites.

8. Retailers

8.1 Unless specified otherwise, all prices listed on the Platform are:
(a) determined by each individual Retailer;
(b) in Australian Dollars (“AUD”) or any other applicable currency to your region; and
(c) do not include GST or any other applicable taxes of your region; and
(d) do not include delivery costs.

8.2 All prices displayed on the Platform are subject to change without notice by a Retailer and we cannot guarantee that the price displayed is accurate.

8.3 You acknowledge that we act only as a referral agent and are not responsible for the:
(a) quality of products and/or services you receiver from any Retailer, including those that are damaged, incorrect or faulty;
(b) availability of products and/or services provided by any Retailer; and
(c) orders that are declined, misplaced, not received or not accepted due to disruption caused to our internet connections or our computer systems.

8.4 Any issues with products and/or services purchased by Retailers should be referred directly to each individual Retailer

8.5 Although we endeavour to provide accurate and complete information about the products listed on the Platform, we cannot guarantee that the information is up to date, accurate and complete at all times. We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Platform at any time without notice to you.

8.6 All weights, heights and other measurements listed on the product descriptions are provided for reference and are approximate only.

9. Rewards Programs

9.1 We offer Reward Incentives to Members for making Eligible Shopping Transactions or through your general interactions with the Platform. Our reward programs include the following programs:
(a) Cash Back Rewards;
(b) Reward Points; and
(c) Refer a Friend,
(collectively referred to as the “Rewards Programs”).

9.2 We will do our best to ensure that our Reward Incentives are correct at all times, however to the maximum extent permitted by law, we are unable to guarantee that the Reward Incentives offered to you by us are accurate and available at all times.

9.3 To be eligible to participate in our Rewards Programs and receive Reward Incentives you must be a Member of the Platform and comply with these Terms.

9.4 You acknowledge that we may elect not to credit you with any of the Reward Incentives if:
(a) there is a failure of any system, including our Referral Tracker, an affiliate tracking system or cookie-based tracking systems that result in us being unable to calculate your Rewards Incentives or Commission; and/or
(b) we have evidence that you have breached these Terms.

9.5 If at any time, we have evidence or reason to believe that you are not in compliance with these Terms, including where we have evidence of fraudulent, deceptive or dishonest actions by you or any other person, we may, at our discretion:
(a) cancel your Account;
(b) cancel any right or interest accumulated by way of Cash Back Rewards or Reward Points;
(c) cancel any outstanding redemption or payment of Cash Back Rewards or Reward Points; and/or
(d) reverse any transaction by deducting from your Account the same amount of Cash Back Rewards or Reward Points.

9.6 You acknowledge and agree that we do not make any guarantee or representation, whether express or implied, as to the amount of Rewards Incentives you can earn as a Member of the Platform.

10. Cash Back Rewards Programs

10.1 Members are eligible to receive up to 50% of the Commission we receive from each Retailer for each Eligible Shopping Transaction you make which is converted into Cash Back Rewards. We may change the amount of the Commission Members are eligible to receive. We will notify you in writing if the Commission amount changes.

10.2 Cash Back Rewards can be converted into your applicable currency, including AUD, GBP, EUR or USD.

10.3 We will maintain an account balance of your Cash Back Rewards which can be viewed by you on your Account dashboard.

10.4 To be eligible for Cash Back Rewards, you must:
(a) be a Member of the Platform and provide current and up to date Account information, including PayPal details;
(b) make an Eligible Shopping Transaction, which has not been returned for any reason to the Retailer
(c) not use any other cash reward websites or apps, coupons or voucher codes when making the Eligible Shopping Transaction (other than any voucher that is listed or advertised on our Platform); and
(d) not be in breach of these Terms.

10.5 Once you have made an Eligible Shopping Transaction, your Cash Back Rewards will appear in your Account with a pending status. Once the pending status has been removed, the Cash Back Rewards will be available for withdrawal in accordance with these Terms. Cash Back Rewards will remain in pending status for a minimum of 30 days, or up to two (2) months.

10.6 To the maximum extent permitted by law, we do not guarantee the accuracy of Cash Back Rewards advertised by us on the Platform or your receipt of Cash Back Rewards. The receipt and/or value of each Cash Back Rewards may be impacted by:
(a) failure of a Retailer to make payment of Commission owed to us pursuant to an Eligible Shopping Transaction;
(b) Retailers’ withdrawing from the Platform with or without notice to us;
(c) human-error; and/or
(d) glitches on the Platform.

10.7 Where Cash Back Rewards have been incorrectly calculated in your Account, we reserve the right to reverse or cancel any Cash Back Rewards credited to your Account incorrectly.

10.8 Under no circumstances are Cash Back Rewards transferable between Members or Accounts.

10.9 Unless withdrawn, any Cash Back Rewards held in your Account for 36 months before they expire. We notify you by two (2) months before your Cash Back Rewards will expire.

10.10 If you believe that you have not received your Cash Back Rewards, you may make a claim for your Cash Back Rewards by emailing us at support@trendii.com. For us to consider your Cash Back Rewards claim:
(a) you must email us within 60 days of making an Eligible Shopping Transaction; and
(b) ensure the information supplied to us is correct and accompanied with all documents, information and evidence necessary for us to confirm that the Eligible Shopping Transaction was made, and the Retailer has not reversed the transaction. If you do not supply us with the correct information or requisite documentation, we may reject your claim for Cash Back Rewards.

11. Reward Points

Members are eligible to receive Reward Points by participating in various activities on the Platform, such as:
(a) logging into your Account;
(b) following another Trendii User;
(c) searching for a product;
(d) clicking to buy a product;
(e) buying a product; and
(f) referring a friend to register,
(collectively, the “Reward Points Activities”).

11.2 The Point Rewards Activities listed above in Clause 11.1 is a non-exhaustive list and we may, at our discretion, make changes to the Reward Points Activities at any time without notice to you.

11.3 Members are eligible to convert Reward Points in exchange for rewards offered by us from time to time, such as:
(a) invites to exclusive events;
(b) bonus cashback days;
(c) exclusive offers and sales;
(d) product launches; and/or
(e) gift experiences;
(collectively, the “Example Reward Offers”)

11.4 The Example Reward Offers as listed in 11.3 are examples only and we do not guarantee the availability of any of the Example Reward Offers.

11.5 Based on the number of Reward Points a Member has in their Account, they will be categorised into one of the following categories:
regular status: 0 – 499 points;
silver status: 500 – 999 points;
gold status: 1000 - 9999 points; and
platinum status: 10,000+ points,
(collectively, the “Reward Points Categories”)

11.6 We will maintain an account balance of your Reward Points, which is viewable via your Account dashboard. You will also be able to determine which of the Reward Points Categories applies to you.

11.7 We will communicate the Reward Points Activities available to you from time to time which you can claim in exchange for your Reward Points. Communication will be made direct email, SMS or App push notification, or may be displated on the Platform.

11.8 We will endeavour to reward you in a timely manner after you request to redeem your Reward Points in exchange for the Reward Points Activities via the Platform and/or our communications to you. However, it may take up to two (2) months until your points can be redeemed.

11.9 You acknowledge that you are only eligible to redeem Reward Points if you:
() are registered as a Member and provide current and up to date Account information;
() are in compliance with these Terms; and
() are not suspected of any fraudulent activities on or in relation to your Account.

11.10 Where Reward Points have been incorrectly calculated in your Account, we reserve the right to reverse or cancel any Reward Points credited to your Account incorrectly.

11.11 Under no circumstances, are Reward Points transferable between Members or Accounts.

11.12 Except as otherwise provided in these Terms, Reward Points will not expire as long as the Member remains an Active Member.

11.13 All Reward Points held in a Member’s Account will expire at the end of 12 months for which the Member has not earned Reward Points or redeemed Reward Points.

11.14 Within 60 days prior to the Reward Points expiration date, Trendii will notify Members of the number of Reward Points that are about to expire.

11.15 Reward Points cannot be re-credited once they have expired.

11.16 If you believe that you have not received your Reward Points, you may make a claim by emailing us at support@trendii.com. For us to consider your claim you must email us within 60 days of partaking in one of the Reward Points Activities and ensure all relevant information is supplied to us to help us assess your claim.

12. Refer a Friend

12.1 If you refer a friend (“Your Friend”) he Platform by providing them with a referral link (“Referral Link”) Your Friend becomes a Member of the Platform, you and Your Friend will both receive a $10 AUD reward into each of your Accounts (“Refer a Friend Welcome Rewards”).

12.2 As part of the Refer a Friend program, if Your Friend becomes a Member of the Platform and makes at least one Eligible Shopping Transaction of at least $50.00 AUD within ninety (90) days after signing up as a Member of the Platform, you will be eligible to receive 1% of the Commission received on each Eligible Shopping Transaction Your Friend makes within a 12 month period (“Referral Period”)(“Refer a Friend Cash Back Rewards”).

12.3 A Referral Period will commence on the day that Your Friend makes their first Eligible Shopping Transaction and will last for a total duration of 12 months.

12.4 Payment of the Refer a Friend Cash Back Rewards and Refer a Friend Welcome Reward are set out in Clause 13 of these Terms.

12.5 For the purposes of these Terms, “Referral” means any new individual who:
(a) is not already a Member of the Platform;
(b) is eligible to be a Member of the Platform in accordance with these Terms;
(c) registers for an Account to become a Member of the Platform; and
(d) uses a referral link that is provided by you to them (“Referral Link”).

12.6 We will make every effort to ensure that our Referral Tracking system is accurate, but we are not responsible if a Referral Link is disrupted due to your, Your Friend’s or third-party’s actions or a failure to act, including without limitation to failing to complete Account sign-up or completing sign-up without using the Referral Link, changing computers or devices, or any other mechanism that potentially could disrupt the operation of the Referral Tracking technology.

12.7 ou agree that the determination of the qualification and source of a referral is determined at our sole and absolute discretion and you cannot refer yourself.

12.8 You agree that you will only make direct referrals without using:
(a) spam to individuals, including via unsolicited emails or message boards;
(b) any keyword bids;
(c) black hat SEO;
(d) paid advertisements (e.g. pay per click);
(e) i-frames, bots, or any other method of automated distribution; and/or
(f) or any other similar methods.

12.9 You agree that you will comply with all applicable laws and regulations, including without limitation those related to the Spam Act 2003 (Cth).

12.10 You agree that a referral used by you in association with the Referral Link will not include inappropriate content, such as hate, porn, violence, or other similar content that we determine in our sole and absolute discretion could be expected to negatively impact our goodwill or reputation.

12.11 We reserve the right to remove you from participating in this promotion if we determine in our sole and absolute discretion that you have violated any of these Terms.

13. Payment of Cash Back Rewards

13.1 Subject to the terms below, you may make a request to withdraw your accumulated Cash Back Rewards, including your Refer a Friend Cash Back Rewards and Refer a Friend Welcome Reward, through the dashboard of your Account.

13.2 We will make payment of all Cash Back Rewards accumulated in your Account by PayPal. We reserve the right to deduct any PayPal transaction fee for each withdrawal unless otherwise stipulated in the Terms.

13.3 To withdraw your Cash Back Rewards, you must have a total Cash Back Rewards balance accrued and remaining in your Account to a value greater than or equal to $30.00 AUD (“Minimum Value”). Until your rewards balance reaches the Minimum Value, we are not liable to you for payment of any Cash Back Rewards.

13.4 We reserve the right to change the Minimum Value at any time and where we do, we agree that we will provide you a minimum of 30 days’ notice via email prior to such change becoming effective.

13.5 You are unable to withdraw multiple Refer a Friend Welcome Rewards at one time. To be eligible to withdraw your Refer a Friend Welcome Rewards, you must have accumulated at least $20 AUD of Cash Back Rewards in your Account from other activities on the Platform, such as, but not limited to, making an Eligible Shopping Transaction or Reward Points Activities.

13.6 We will use all endeavours possible to provide you with the Cash Back Rewards within two (2) months of requesting a withdrawal, however we cannot guarantee this timeframe.

13.7 You acknowledge and agree that any Cash Back Rewards withdrawal request may not be payable if:
(a) an Eligible Shopping Transaction with a Retailer is not completed in full, is changed at a later date or if the Retailer does not confirm your purchase to us; and/or
(b) an Eligible Shopping Transaction is cancelled or returned to the Retailer or you request a refund;
(c) Your Friend does not use a Referral Link and does not create an Account to become a Member of the Platform.

13.8 You agree and acknowledge that you are solely responsible for ensuring the accuracy of the information provided to us for the purposes of payment of Cash Back Rewards by PayPal transfer.

13.9 If the information relating to your PayPal account is wrong, we have no obligation to take any action to reverse the transaction, reprocess the transaction or refund the Cash Back Rewards to you, and you acknowledge that the redeemed Cash Back Rewards will be lost.

13.10 At our absolute discretion, we will use reasonable endeavours to request the transaction be reversed and if we are successful in obtaining a reversal, we will make the PayPal transfer to the correct PayPal Account, less any administration free incurred by us.

13.11 If the Cash Back Rewards payment is rejected for any reason (other than error on our part), we may charge you an administration fee of $20 AUD (by redeeming any Reward Incentives in your Account to that value or by asking you to pay us that amount).

13.12 We agree that we will store and maintain your PayPal account details securely and in accordance with our Privacy Policy.

13.13 At the time you request to withdraw your Cash Back Rewards, we may review your Account details to check for evidence of fraud or deception. If we have evidence or reason to believe that you have acted fraudulently or deceptively in your dealings with us, we may choose to deny your request for withdrawal, and take other action such as cancelling your Account in accordance with these Terms.

13.14 We will not hold any amounts representing payments to you by way of Cash Back Rewards in a separate bank account or otherwise segregate those amounts from our own funds, and we will not hold any such amounts in trust.

13.15 Until we have an obligation to make payment of the Cash Back Rewards to you under these Terms, you have no entitlement to receive the Cash Back Rewards from us and cannot make any claim and you cannot make any claim against our assets.

13.16 In the event that we become insolvent, you will not be able to recover any outstanding Cash Back Rewards that we owe you but have not paid to you in priority to any of our other credit.

14. Intellectual Property relating to uploaded Content

14.1 We take intellectual property rights very seriously and believe that they are important to promoting expression, creativity and fashion innovation.

14.2 By uploading, posting, transmitting or otherwise making available any Content or material via the Platform you:
(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content;
(b) represent and warrant that you either own the Intellectual Property Rights in your Content or have the necessary permission to upload, post, transmit or otherwise make available your Content via the Platform; and
(c) the Content is not prohibited pursuant to clause 6.2 or 6.3.

14.3 If you believe that your Intellectual Property Rights have been infringed by any Content uploaded on our Platform, you can email us at support@trendii.com. If we agree that your Intellectual Property Rights have been infringed, we will immediately delete the Content from the Platform.

14.4 To the fullest extent permitted by law, we are not responsible for any indirect, special or consequential liability to a user or Member (including legal fees) arising out of or from the Content you have uploaded to the Platform that has breached another’s Intellectual Property Rights.

14.5 If we have evidence that you are found to have breached clauses 6.2, 6.3 or 14.2, or any other terms in these Terms, you agree to indemnify us and undertake to keep us indemnified against any liability arising out of your breach of clauses 6.2, 6.3 or 14.2, or any other terms in these Terms.

15. Our Intellectual Property

15.1 You may access and use the Platform (including Intellectual Property Rights contained therein) for your personal use. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another Platform or create derivative works from any part of the Platform or the Material or commercialise any information obtained from any part of the Platform or Material without our prior written consent.

15.2 You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Platform and in all Material published on the Platform, and we retain all rights, title and interest in the Platform and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Platform.

15.3 We reserve the right to terminate any licence granted to you under these Terms and/or remove any of your Content from the Platform, at any time, for any reason and without notice to you.

15.4 You agree that you will not modify or copy the layout or appearance of the Platform nor any computer software or code contained in the Platform, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Platform.

16. Taxation

16.1 You acknowledge and agree that you are liable for any and all taxation implication relating to your use of the Platform, including in relation to your Cash Back Rewards, and you alone will be liable for having any such tax liability assessed and paid.

16.2 We recommend that you consult with an accountant or tax adviser to ensure that you understand any possible tax implications related to your use of the Platform or your Cash Back Rewards.

17. Indemnity

17.1 You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Platform, the Content you upload, any breach by you of these Terms or your or anyone else’s use of the Platform.

18. Liability

18.1 To the maximum extent permitted by law, you release us, our Related Bodies Corporate and our Related Entities, and any of our/their respective officers, employees and agents from any claim for loss, damage or liability, including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:
(a) your membership of the Platform;
(b) the Content you upload to the Platform, including any breach of another’s Intellectual Property Rights;
(c) your use of or inability to use the Platform;
(d) any inaccuracy, errors or omissions on the Platform;
(e) unavailability or interruption of usage of the Platform;
(f) loss of data;
(g) the quality of goods and/or services purchased from third parties by you;
(h) any product descriptions contained on the Platform or contained in advertising email sent to you by us or on our behalf; and/or
(i) any failure or default beyond our reasonable control.

18.2 Nothing in these Terms operate to limit or exclude any liability (or statutory warranties, conditions or guarantees) that cannot be limited or excluded by law or limits any party’s rights under the Australian Consumer Law. To the maximum extent permitted by law, our liability in connection with these Terms for breach of any representation, warranty, guarantee or condition implied or imposed by law that cannot be excluded is limited (at our option) to reversing the applicable Cash Back Rewards owing.

18.3 To the maximum extent permitted by law, we exclude all:
(a) conditions, guarantees or warranties expressed or implied by law; and
(b) any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill),
arising out of, or in connection with, access and/or use of the Material, the Platform and these Terms.

18.4 Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed $100 AUD. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

18.5 To the maximum extent permitted by law, all typographical, clerical or other errors or omissions on the Platform, including product descriptions, sales literature, quotations or other documents or information issued by us will be subject to correction without any liability on our part.

18.6 This clause 18 survives termination or expiry of these Terms.

19. Privacy

19.1 We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

20. Dispute Resolution

20.1 In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute.

20.2 Disputes should be lodged with the Trendii customer service team at first instance.

20.3 If the Trendii customer service team is unable to resolve the dispute, you and the Company agree that every dispute arising in connection with your use of the Platform or these Terms, including claims related to our Privacy Policy or other privacy and data security claims will be referred to mediation.

20.4 No party may commence litigation unless they have first complied with clause 20.3 except where the party is seeking urgent interlocutory relief.

20.5 This clause survives the termination or expiry of these Terms.

21. General

21.1 We reserve the right to make changes to these Terms without notice to you. Any amendments to these Terms will have immediate effect from the time that they are published on the Platform.

21.2 Although we do our best to provide the most up-to-date information on the Platform as this becomes available, we cannot warrant the accuracy or completeness of the information provided.

21.3 Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions.

21.4 A failure or delay by us to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.

21.5 These Terms are governed by, and must be construed according to, the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

PLATFORM TERMS AND CONDITIONS

1. Terms

1.1 In these Platform Terms and Conditions (the “Terms”) the words “Trendii”, we”, “us” or “our” refer to Referboard Pty Ltd (ACN 149 939 855) trading as Trendii and includes its subsidiaries, and its respective directors, employees and agents. “You” or “Your” means the user or Member of the Platform. You should read these Terms carefully as they apply to your use of the Platform. The Platform is comprised of the website located at https://trendii.com/ (“Website”) and mobile Application (“App” or “Application”) (collectively referred to as the “Platform”).

1.2 By using or accessing the Platform you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Platform. If you do not agree to these Terms you should immediately cease accessing and using the Platform.

1.3 We reserve all rights to alter these Terms at our discretion. Each time you use the Platform, it is your responsibility to ensure that you are aware of our current Terms. Your continued use of the Platform following the publication of changes to these Terms is taken to be your acceptance of those changes.

1.4 These Terms, as amended by us from time to time, continue to apply for as long as you use the Platform and Services or until terminated in accordance with these Terms.

2. Interpretation

2.1 In these Terms:
“Account” means an account created by you on the Platform for your use of the Platform Features as listed in clause 3.1;
“Active Member”means a Member of the Platform who has earned Reward Points on their Account within the previous 12-month period from that point in time; “Application” or “App” means the Trendii mobile applications available on the IOS App Store or Google Play store;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;
“Cash Back Rewards” means the amount a Member can accumulate in their Account and convert into cash in their applicable currency by participating in one or more of the Rewards Programs, including but not limited to making an Eligible Shopping Transaction and referring a friend to the Platform;
“Commission” means the amount Trendii receives from Retailer for each Eligible Shopping Transaction;
“Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
“Content” means any material uploaded on the Platform by you including but not limited to text, image, logo, photo, audio, audio material, video material and audio-visual material;
“Eligible Shopping Transaction” means any purchase made by a Member on a Retailer’s website which is initiated via the Trendii Button on our Platform;
“Intellectual Property” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade-marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable) including, but not limited to, all technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights, whether created, written developed or brought to existence by us or you in the provision of the Services;
“Losses” means all losses, costs, damages, expenses, penalties, third-party claims and other liabilities and including all legal and other professional expenses on a solicitor client basis incurred in connection with investigating, disputing, defending or settling any claim, action, demand or proceeding and also includes all foreseeable and consequential loss;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform, or otherwise displayed, uploaded or published on, or via, the Platform;
“Member” means a user who has a valid Account;
“Retailer” means a Retailer listed on the Platform as participating in the Platform;
“Platform” means the Trendii Platform operated by us, inclusive of the Website and App;
“Points Rewards” means the amount of points a Member can earn and convert into Reward Incentives offered by us from time to time;
“Privacy Policy” means our privacy policy available at https://trendii.com/privacy;
“Refer a Friend” means the rewards program as set out in Clause 12;
“Referral Tracker” means the Trendii tracking system used for the following non-exhaustive purposes:
(a) ascertaining when a purchase has been made from a Retailer’s website; and
(b) to calculate, where applicable, Cash Back Rewards and Reward Points that are to be added to your Account.
“Related Bodies Corporate” has the meaning given in the Corporations Act 2001 (Cth);
“Retailer” means a Retailer listed on the Platform as participating in the Platform;
“Reward Incentives” means ‘rewards’ offered or provided to Members as part of the Platform, including but not limited to Cash Back Rewards and Reward Points;
“Terms” has the meaning in clause 1.1;
“Trendii Button” means a button or clickable image on the Platform which directs users and Members to a Retailer’s websites; and
“you" or "your" means the person or entity accessing, using or relying upon the Platform and includes, when applicable, the Customer.

2.2 Any reference in these Terms to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms unless otherwise specified.

3. The Trendii Platform

3.1 The features of the Platform include, but are not limited to, the following:
(a) general browsing of the Platform;
(b) linking to Retailer’s websites to make purchases;
(c) downloading the Trendii browser plug-in on your computer allowing you to easily identify products in a shoppable image;
(d) creating an Account to become a Member of the Platform;
(e) uploading Content to the Platform to make it immediately shoppable by yourself, other users and Members;
(f) tracking and redeeming accumulated Cash Back Rewards and Reward Points;
(g) generating Referral Links to share with friends and family,
(collectively, the “Platform Features”).

3.2 We may, for any reason, at any time and without notice to you change or remove Platform Features, including Platform functionality or withdraw the Platform all together.

3.3 You may not use the Platform other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Platform or the servers and networks that host the Platform. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Platform or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Platform.
(a) You warrant and represent that your access to, or use of, the Platform is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

3.4 You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Platform, inclusive of downloading the browser plug in, does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Platform.

4. Account Registration

4.1 You may use the Platform as a guest user of the Platform (without creating an Account) or as a Member (by creating an Account).

4.2 You must be over the age of thirteen (13) years old to register as a Member of the Platform. If you are under the age of 13 years, you must immediately cease accessing and using the Platform unless you have permission from a parent or guardian. If you are found to be under the age of 13 years old who has not gained permission from a parent or guardian to register as a Member of the Platform, we are entitled, at our absolute discretion, to terminate your Account.

4.3 To become a Member of the Platform you must create an Account with us by providing a username, a valid email address and nominate a password (“Password”). Registration is free. If you do not provide accurate and complete details, we may not be able to activate your Account.

4.4 You agree that you have sole responsibility for any activity that occurs on or using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.

4.5 We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Platform (temporarily or permanently) where you have breached these Terms or for any reasonable reason and at any time. Under these circumstances, you may be prevented from:
(a) accessing all or parts of the Platform, including your Account details, your Cash Back Rewards and Reward Points, or any other Content associated with your Account; and/or
(b) redeeming your Cash Back Rewards and Reward Points.

5. Communications from us

5.1 When you create an Account, you give us consent to send you emails that are necessary for us to continue to provide the Platform and Platform Features to you. These emails may include:
(a) verification or validation emails;
(b) account statements;
(c) creating an Account to become a Member of the Platform;
(d) responses to customer service enquiries you have made,
(collectively, the “Service Emails”).

5.2 As the Service Emails are required and necessary for us to provide the Platform and Platform Features to you, the only way to unsubscribe from receiving Service Emails for us is to terminate your use of the Platform, including the use of your Account.

5.3 You agree and acknowledge that we may also communicate with you at our discretion by any form of direct communication for which we have recorded details for you (subject to complying with any applicable laws and these Terms) including by mail, email, SMS or App push notification.
(collectively, the “Trendii Communications”)

5.4 You may unsubscribe from the Trendii Communications at any time through your Account dashboard.

6. Uploading to the Platform

6.1 As part of the Platform Features, you may upload Content to the Platform.

6.2 You must not upload any Content that:
(a) promotes illegal behaviour;
(b) is harmful, threatening, abusive or harassing;
(c) incites violence or is graphical of violence;
(d) is pornographic or exploits people in a sexual manner;
(e) is defamatory or libellous;
(f) relates to gambling or alcohol;
(g) promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;
(h) is false, misleading or fraudulent;
(i) consists of any Malicious Computer Program;
(j) impersonates any person or entity or falsely misrepresent your affiliation with a person or entity;
(k) violates or encourages violation of these Terms;
(l) invades another’s privacy;
(m) reveals anyone’s identification documents or sensitive financial information;
(n) is posted to disrupt the operation of the Platform and its related services; and/or
(o) is against public policy.

6.3 By uploading Content to the Platform, you represent and warrant that:
(a) you either own the Intellectual Property Rights in your Content or have the necessary permission to upload, post, transmit or otherwise make available your Content via the Platform; and (b) the Content is not prohibited under clause 6.3.

6.4 Any Content that is found to breach clauses 6.2 or 6.3, or any other term in these Terms, will immediately be removed by us and at our discretion, and your Account may be suspended or terminated.

6.5 We will endeavour to monitor Content that is uploaded to the Platform. However, we may not always be able to monitor all Content. We are therefore not responsible or liable for any breach of clause 6.2 or 6.3, or any other term in these Terms.

6.6 We may, at our discretion, pre-screen, reject or remove any Content uploaded by you for any reason.

7. Third-party Websites

7.1 Our Platform contains links to third-party websites, including Retailer’s websites. These linked third-party websites often have their own terms and conditions of use and you should familiarise yourself with them. You acknowledge that you access third-party websites at your own risk.

7.2 We are not liable for any activity you partake in on third-party websites linked through our Platform.

7.3 All linked third-party websites are linked “as is” and we do not:
(a) sponsor, endorse or necessarily approve of any material on third-party websites from or to our Platform;
(b)make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on third-party websites linked from or to our Platform; and
(c) offer any warranties or representations that material on other third-party website to which this Platform is linked does not infringe the intellectual property rights of any person anywhere in the world

7.4 We are not responsible for any loss or damage that may arise from your access to, and/or use of, third-party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked third-party websites. You should make your own enquiries before using and/or accessing third-party websites.

8. Retailers

8.1 Unless specified otherwise, all prices listed on the Platform are:
(a) determined by each individual Retailer;
(b) in Australian Dollars (“AUD”) or any other applicable currency to your region; and
(c) do not include GST or any other applicable taxes of your region; and
(d) do not include delivery costs.

8.2 All prices displayed on the Platform are subject to change without notice by a Retailer and we cannot guarantee that the price displayed is accurate.

8.3 You acknowledge that we act only as a referral agent and are not responsible for the:
(a) quality of products and/or services you receiver from any Retailer, including those that are damaged, incorrect or faulty;
(b) availability of products and/or services provided by any Retailer; and
(c) orders that are declined, misplaced, not received or not accepted due to disruption caused to our internet connections or our computer systems.

8.4 Any issues with products and/or services purchased by Retailers should be referred directly to each individual Retailer

8.5 Although we endeavour to provide accurate and complete information about the products listed on the Platform, we cannot guarantee that the information is up to date, accurate and complete at all times. We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Platform at any time without notice to you.

8.6 All weights, heights and other measurements listed on the product descriptions are provided for reference and are approximate only.

9. Rewards Programs

9.1 We offer Reward Incentives to Members for making Eligible Shopping Transactions or through your general interactions with the Platform. Our reward programs include the following programs:
(a) Cash Back Rewards;
(b) Reward Points; and
(c) Refer a Friend,
(collectively referred to as the “Rewards Programs”).

9.2 We will do our best to ensure that our Reward Incentives are correct at all times, however to the maximum extent permitted by law, we are unable to guarantee that the Reward Incentives offered to you by us are accurate and available at all times.

9.3 To be eligible to participate in our Rewards Programs and receive Reward Incentives you must be a Member of the Platform and comply with these Terms.

9.4 You acknowledge that we may elect not to credit you with any of the Reward Incentives if:
(a) there is a failure of any system, including our Referral Tracker, an affiliate tracking system or cookie-based tracking systems that result in us being unable to calculate your Rewards Incentives or Commission; and/or
(b) we have evidence that you have breached these Terms.

9.5 If at any time, we have evidence or reason to believe that you are not in compliance with these Terms, including where we have evidence of fraudulent, deceptive or dishonest actions by you or any other person, we may, at our discretion:
(a) cancel your Account;
(b) cancel any right or interest accumulated by way of Cash Back Rewards or Reward Points;
(c) cancel any outstanding redemption or payment of Cash Back Rewards or Reward Points; and/or
(d) reverse any transaction by deducting from your Account the same amount of Cash Back Rewards or Reward Points.

9.6 You acknowledge and agree that we do not make any guarantee or representation, whether express or implied, as to the amount of Rewards Incentives you can earn as a Member of the Platform.

10. Cash Back Rewards Programs

10.1 Members are eligible to receive up to 50% of the Commission we receive from each Retailer for each Eligible Shopping Transaction you make which is converted into Cash Back Rewards. We may change the amount of the Commission Members are eligible to receive. We will notify you in writing if the Commission amount changes.

10.2 Cash Back Rewards can be converted into your applicable currency, including AUD, GBP, EUR or USD.

10.3 We will maintain an account balance of your Cash Back Rewards which can be viewed by you on your Account dashboard.

10.4 To be eligible for Cash Back Rewards, you must:
(a) be a Member of the Platform and provide current and up to date Account information, including PayPal details;
(b) make an Eligible Shopping Transaction, which has not been returned for any reason to the Retailer
(c) not use any other cash reward websites or apps, coupons or voucher codes when making the Eligible Shopping Transaction (other than any voucher that is listed or advertised on our Platform); and
(d) not be in breach of these Terms.

10.5 Once you have made an Eligible Shopping Transaction, your Cash Back Rewards will appear in your Account with a pending status. Once the pending status has been removed, the Cash Back Rewards will be available for withdrawal in accordance with these Terms. Cash Back Rewards will remain in pending status for a minimum of 30 days, or up to two (2) months.

10.6 To the maximum extent permitted by law, we do not guarantee the accuracy of Cash Back Rewards advertised by us on the Platform or your receipt of Cash Back Rewards. The receipt and/or value of each Cash Back Rewards may be impacted by:
(a) failure of a Retailer to make payment of Commission owed to us pursuant to an Eligible Shopping Transaction;
(b) Retailers’ withdrawing from the Platform with or without notice to us;
(c) human-error; and/or
(d) glitches on the Platform.

10.7 Where Cash Back Rewards have been incorrectly calculated in your Account, we reserve the right to reverse or cancel any Cash Back Rewards credited to your Account incorrectly.

10.8 Under no circumstances are Cash Back Rewards transferable between Members or Accounts.

10.9 Unless withdrawn, any Cash Back Rewards held in your Account for 36 months before they expire. We notify you by two (2) months before your Cash Back Rewards will expire.

10.10 If you believe that you have not received your Cash Back Rewards, you may make a claim for your Cash Back Rewards by emailing us at support@trendii.com. For us to consider your Cash Back Rewards claim:
(a) you must email us within 60 days of making an Eligible Shopping Transaction; and
(b) ensure the information supplied to us is correct and accompanied with all documents, information and evidence necessary for us to confirm that the Eligible Shopping Transaction was made, and the Retailer has not reversed the transaction. If you do not supply us with the correct information or requisite documentation, we may reject your claim for Cash Back Rewards.

11. Reward Points

Members are eligible to receive Reward Points by participating in various activities on the Platform, such as:
(a) logging into your Account;
(b) following another Trendii User;
(c) searching for a product;
(d) clicking to buy a product;
(e) buying a product; and
(f) referring a friend to register,
(collectively, the “Reward Points Activities”).

11.2 The Point Rewards Activities listed above in Clause 11.1 is a non-exhaustive list and we may, at our discretion, make changes to the Reward Points Activities at any time without notice to you.

11.3 Members are eligible to convert Reward Points in exchange for rewards offered by us from time to time, such as:
(a) invites to exclusive events;
(b) bonus cashback days;
(c) exclusive offers and sales;
(d) product launches; and/or
(e) gift experiences;
(collectively, the “Example Reward Offers”)

11.4 The Example Reward Offers as listed in 11.3 are examples only and we do not guarantee the availability of any of the Example Reward Offers.

11.5 Based on the number of Reward Points a Member has in their Account, they will be categorised into one of the following categories:
regular status: 0 – 499 points;
silver status: 500 – 999 points;
gold status: 1000 - 9999 points; and
platinum status: 10,000+ points,
(collectively, the “Reward Points Categories”)

11.6 We will maintain an account balance of your Reward Points, which is viewable via your Account dashboard. You will also be able to determine which of the Reward Points Categories applies to you.

11.7 We will communicate the Reward Points Activities available to you from time to time which you can claim in exchange for your Reward Points. Communication will be made direct email, SMS or App push notification, or may be displated on the Platform.

11.8 We will endeavour to reward you in a timely manner after you request to redeem your Reward Points in exchange for the Reward Points Activities via the Platform and/or our communications to you. However, it may take up to two (2) months until your points can be redeemed.

11.9 You acknowledge that you are only eligible to redeem Reward Points if you:
() are registered as a Member and provide current and up to date Account information;
() are in compliance with these Terms; and
() are not suspected of any fraudulent activities on or in relation to your Account.

11.10 Where Reward Points have been incorrectly calculated in your Account, we reserve the right to reverse or cancel any Reward Points credited to your Account incorrectly.

11.11 Under no circumstances, are Reward Points transferable between Members or Accounts.

11.12 Except as otherwise provided in these Terms, Reward Points will not expire as long as the Member remains an Active Member.

11.13 All Reward Points held in a Member’s Account will expire at the end of 12 months for which the Member has not earned Reward Points or redeemed Reward Points.

11.14 Within 60 days prior to the Reward Points expiration date, Trendii will notify Members of the number of Reward Points that are about to expire.

11.15 Reward Points cannot be re-credited once they have expired.

11.16 If you believe that you have not received your Reward Points, you may make a claim by emailing us at support@trendii.com. For us to consider your claim you must email us within 60 days of partaking in one of the Reward Points Activities and ensure all relevant information is supplied to us to help us assess your claim.

12. Refer a Friend

12.1 If you refer a friend (“Your Friend”) he Platform by providing them with a referral link (“Referral Link”) Your Friend becomes a Member of the Platform, you and Your Friend will both receive a $10 AUD reward into each of your Accounts (“Refer a Friend Welcome Rewards”).

12.2 As part of the Refer a Friend program, if Your Friend becomes a Member of the Platform and makes at least one Eligible Shopping Transaction of at least $50.00 AUD within ninety (90) days after signing up as a Member of the Platform, you will be eligible to receive 1% of the Commission received on each Eligible Shopping Transaction Your Friend makes within a 12 month period (“Referral Period”)(“Refer a Friend Cash Back Rewards”).

12.3 A Referral Period will commence on the day that Your Friend makes their first Eligible Shopping Transaction and will last for a total duration of 12 months.

12.4 Payment of the Refer a Friend Cash Back Rewards and Refer a Friend Welcome Reward are set out in Clause 13 of these Terms.

12.5 For the purposes of these Terms, “Referral” means any new individual who:
(a) is not already a Member of the Platform;
(b) is eligible to be a Member of the Platform in accordance with these Terms;
(c) registers for an Account to become a Member of the Platform; and
(d) uses a referral link that is provided by you to them (“Referral Link”).

12.6 We will make every effort to ensure that our Referral Tracking system is accurate, but we are not responsible if a Referral Link is disrupted due to your, Your Friend’s or third-party’s actions or a failure to act, including without limitation to failing to complete Account sign-up or completing sign-up without using the Referral Link, changing computers or devices, or any other mechanism that potentially could disrupt the operation of the Referral Tracking technology.

12.7 ou agree that the determination of the qualification and source of a referral is determined at our sole and absolute discretion and you cannot refer yourself.

12.8 You agree that you will only make direct referrals without using:
(a) spam to individuals, including via unsolicited emails or message boards;
(b) any keyword bids;
(c) black hat SEO;
(d) paid advertisements (e.g. pay per click);
(e) i-frames, bots, or any other method of automated distribution; and/or
(f) or any other similar methods.

12.9 You agree that you will comply with all applicable laws and regulations, including without limitation those related to the Spam Act 2003 (Cth).

12.10 You agree that a referral used by you in association with the Referral Link will not include inappropriate content, such as hate, porn, violence, or other similar content that we determine in our sole and absolute discretion could be expected to negatively impact our goodwill or reputation.

12.11 We reserve the right to remove you from participating in this promotion if we determine in our sole and absolute discretion that you have violated any of these Terms.

13. Payment of Cash Back Rewards

13.1 Subject to the terms below, you may make a request to withdraw your accumulated Cash Back Rewards, including your Refer a Friend Cash Back Rewards and Refer a Friend Welcome Reward, through the dashboard of your Account.

13.2 We will make payment of all Cash Back Rewards accumulated in your Account by PayPal. We reserve the right to deduct any PayPal transaction fee for each withdrawal unless otherwise stipulated in the Terms.

13.3 To withdraw your Cash Back Rewards, you must have a total Cash Back Rewards balance accrued and remaining in your Account to a value greater than or equal to $30.00 AUD (“Minimum Value”). Until your rewards balance reaches the Minimum Value, we are not liable to you for payment of any Cash Back Rewards.

13.4 We reserve the right to change the Minimum Value at any time and where we do, we agree that we will provide you a minimum of 30 days’ notice via email prior to such change becoming effective.

13.5 You are unable to withdraw multiple Refer a Friend Welcome Rewards at one time. To be eligible to withdraw your Refer a Friend Welcome Rewards, you must have accumulated at least $20 AUD of Cash Back Rewards in your Account from other activities on the Platform, such as, but not limited to, making an Eligible Shopping Transaction or Reward Points Activities.

13.6 We will use all endeavours possible to provide you with the Cash Back Rewards within two (2) months of requesting a withdrawal, however we cannot guarantee this timeframe.

13.7 You acknowledge and agree that any Cash Back Rewards withdrawal request may not be payable if:
(a) an Eligible Shopping Transaction with a Retailer is not completed in full, is changed at a later date or if the Retailer does not confirm your purchase to us; and/or
(b) an Eligible Shopping Transaction is cancelled or returned to the Retailer or you request a refund;
(c) Your Friend does not use a Referral Link and does not create an Account to become a Member of the Platform.

13.8 You agree and acknowledge that you are solely responsible for ensuring the accuracy of the information provided to us for the purposes of payment of Cash Back Rewards by PayPal transfer.

13.9 If the information relating to your PayPal account is wrong, we have no obligation to take any action to reverse the transaction, reprocess the transaction or refund the Cash Back Rewards to you, and you acknowledge that the redeemed Cash Back Rewards will be lost.

13.10 At our absolute discretion, we will use reasonable endeavours to request the transaction be reversed and if we are successful in obtaining a reversal, we will make the PayPal transfer to the correct PayPal Account, less any administration free incurred by us.

13.11 If the Cash Back Rewards payment is rejected for any reason (other than error on our part), we may charge you an administration fee of $20 AUD (by redeeming any Reward Incentives in your Account to that value or by asking you to pay us that amount).

13.12 We agree that we will store and maintain your PayPal account details securely and in accordance with our Privacy Policy.

13.13 At the time you request to withdraw your Cash Back Rewards, we may review your Account details to check for evidence of fraud or deception. If we have evidence or reason to believe that you have acted fraudulently or deceptively in your dealings with us, we may choose to deny your request for withdrawal, and take other action such as cancelling your Account in accordance with these Terms.

13.14 We will not hold any amounts representing payments to you by way of Cash Back Rewards in a separate bank account or otherwise segregate those amounts from our own funds, and we will not hold any such amounts in trust.

13.15 Until we have an obligation to make payment of the Cash Back Rewards to you under these Terms, you have no entitlement to receive the Cash Back Rewards from us and cannot make any claim and you cannot make any claim against our assets.

13.16 In the event that we become insolvent, you will not be able to recover any outstanding Cash Back Rewards that we owe you but have not paid to you in priority to any of our other credit.

14. Intellectual Property relating to uploaded Content

14.1 We take intellectual property rights very seriously and believe that they are important to promoting expression, creativity and fashion innovation.

14.2 By uploading, posting, transmitting or otherwise making available any Content or material via the Platform you:
(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content;
(b) represent and warrant that you either own the Intellectual Property Rights in your Content or have the necessary permission to upload, post, transmit or otherwise make available your Content via the Platform; and
(c) the Content is not prohibited pursuant to clause 6.2 or 6.3.

14.3 If you believe that your Intellectual Property Rights have been infringed by any Content uploaded on our Platform, you can email us at support@trendii.com. If we agree that your Intellectual Property Rights have been infringed, we will immediately delete the Content from the Platform.

14.4 To the fullest extent permitted by law, we are not responsible for any indirect, special or consequential liability to a user or Member (including legal fees) arising out of or from the Content you have uploaded to the Platform that has breached another’s Intellectual Property Rights.

14.5 If we have evidence that you are found to have breached clauses 6.2, 6.3 or 14.2, or any other terms in these Terms, you agree to indemnify us and undertake to keep us indemnified against any liability arising out of your breach of clauses 6.2, 6.3 or 14.2, or any other terms in these Terms.

15. Our Intellectual Property

15.1 You may access and use the Platform (including Intellectual Property Rights contained therein) for your personal use. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another Platform or create derivative works from any part of the Platform or the Material or commercialise any information obtained from any part of the Platform or Material without our prior written consent.

15.2 You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Platform and in all Material published on the Platform, and we retain all rights, title and interest in the Platform and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Platform.

15.3 We reserve the right to terminate any licence granted to you under these Terms and/or remove any of your Content from the Platform, at any time, for any reason and without notice to you.

15.4 You agree that you will not modify or copy the layout or appearance of the Platform nor any computer software or code contained in the Platform, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Platform.

16. Taxation

16.1 You acknowledge and agree that you are liable for any and all taxation implication relating to your use of the Platform, including in relation to your Cash Back Rewards, and you alone will be liable for having any such tax liability assessed and paid.

16.2 We recommend that you consult with an accountant or tax adviser to ensure that you understand any possible tax implications related to your use of the Platform or your Cash Back Rewards.

17. Indemnity

17.1 You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Platform, the Content you upload, any breach by you of these Terms or your or anyone else’s use of the Platform.

18. Liability

18.1 To the maximum extent permitted by law, you release us, our Related Bodies Corporate and our Related Entities, and any of our/their respective officers, employees and agents from any claim for loss, damage or liability, including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:
(a) your membership of the Platform;
(b) the Content you upload to the Platform, including any breach of another’s Intellectual Property Rights;
(c) your use of or inability to use the Platform;
(d) any inaccuracy, errors or omissions on the Platform;
(e) unavailability or interruption of usage of the Platform;
(f) loss of data;
(g) the quality of goods and/or services purchased from third parties by you;
(h) any product descriptions contained on the Platform or contained in advertising email sent to you by us or on our behalf; and/or
(i) any failure or default beyond our reasonable control.

18.2 Nothing in these Terms operate to limit or exclude any liability (or statutory warranties, conditions or guarantees) that cannot be limited or excluded by law or limits any party’s rights under the Australian Consumer Law. To the maximum extent permitted by law, our liability in connection with these Terms for breach of any representation, warranty, guarantee or condition implied or imposed by law that cannot be excluded is limited (at our option) to reversing the applicable Cash Back Rewards owing.

18.3 To the maximum extent permitted by law, we exclude all:
(a) conditions, guarantees or warranties expressed or implied by law; and
(b) any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill),
arising out of, or in connection with, access and/or use of the Material, the Platform and these Terms.

18.4 Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed $100 AUD. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

18.5 To the maximum extent permitted by law, all typographical, clerical or other errors or omissions on the Platform, including product descriptions, sales literature, quotations or other documents or information issued by us will be subject to correction without any liability on our part.

18.6 This clause 18 survives termination or expiry of these Terms.

19. Privacy

19.1 We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

20. Dispute Resolution

20.1 In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute.

20.2 Disputes should be lodged with the Trendii customer service team at first instance.

20.3 If the Trendii customer service team is unable to resolve the dispute, you and the Company agree that every dispute arising in connection with your use of the Platform or these Terms, including claims related to our Privacy Policy or other privacy and data security claims will be referred to mediation.

20.4 No party may commence litigation unless they have first complied with clause 20.3 except where the party is seeking urgent interlocutory relief.

20.5 This clause survives the termination or expiry of these Terms.

21. General

21.1 We reserve the right to make changes to these Terms without notice to you. Any amendments to these Terms will have immediate effect from the time that they are published on the Platform.

21.2 Although we do our best to provide the most up-to-date information on the Platform as this becomes available, we cannot warrant the accuracy or completeness of the information provided.

21.3 Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions.

21.4 A failure or delay by us to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.

21.5 These Terms are governed by, and must be construed according to, the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

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