Terms of Use


Is any liability excluded by these Terms?

Yes. To the extent permitted by law, we will not be liable to you for any loss or damage that you incur as a result of the Online Services we provide to you. In the event that we are liable to you, our liability will be limited to supplying the Online Services again or paying the cost of having the Online Services supplied again. This limitation of liability is subject to any laws, including the Australian Consumer Law.

Can you be required to indemnify us by these Terms?

Yes. You indemnify us against any claim or demand made against us which is connected to a breach by you of these Terms of Use or any wilful, unlawful or negligent act or omission by you.

In what circumstances can your access to the Online Services be restricted, suspended, or terminated?

We can block access to our Online Services if you are in breach of the Terms of Use, if you are behaving in an inappropriate manner or for any other reasonable reason.

We can also terminate your use of the Online Services where we have reasonable grounds to do so.

Your Content Goes HereWelcome to WOSUP Australia Pty Ltd (ACN 632 688 987) (“WOSUP”, “we”, “our” or “us”) Online Services.

WOSUP’s “Online Services” include our:

  • Websites available via https://www.wosup.com.au/ & www.wosuprewards.com (“Websites”);
  • WOSUP Rewards™ platform available via our online applications for the iPhone, iPod touch, iPad and other devices; and
  • such other services that we may offer from time to time.

WOSUP provides access to the Online Services subject to these terms and conditions of use, together with the WOSUP Privacy Policy (“Privacy Policy”) available on the Websites (together the “Terms of Use”).

Each time you use our Online Services, you agree to be bound by these Terms of Use, as varied from time to time. If you do not agree to these Terms of Use, you must not access or use the Online Services. Copies of these Terms of Use are available via the Websites.

If you are under 18 years of age, you must only accept these Terms of Use with the approval of a parent or guardian.

Your use of our Online Services

1. Your use of our Online Services

1.1       Unless otherwise specified, we provide our Online Services free of charge. However, your standard network charges will apply.

1.2       By using our Online Services, you agree that you will not engage in any conduct that is:

    1. disruptive or detrimental to WOSUP
    2. disruptive or detrimental to the operation and functionality of our Online Services; or
    3. unlawful.

1.3       You agree that you must not use the Online Services in any manner or access websites or content via the Online Services that:

      1. could introduce any viruses, worms, Trojan horses, cancelbots, time bombs, malicious software or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously or remotely intercept or expropriate any system, data or personal information or interfere with the integrity and/or performance of the Online Services and/or WOSUP’s other networks and equipment;
      2. could cause WOSUP to be in breach of any law or to incur any liability or could violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
      3.  contains, depicts, promotes, or advocates behaviour, which is abusive, harassing, illegal, violent, threatening, insulting, defamatory, libellous, indecent, obscene, racist, or otherwise discriminatory, inappropriate, or objectionable in any way;
      4. contains child pornography and other explicit material;
      5. is inaccurate, fraudulent, pornographic, misleading, deceptive, or offensive;
      6. spoofs or otherwise impersonates any other party or misrepresents your identity, subject to your right to use a pseudonym under the Privacy Policy;
      7. infringes WOSUP’s or any third party’s copyright, patent, trade mark or other intellectual property rights or trade secrets;
      8. involves any attempt to access any data or system which you are not authorised to access; or
      9. has (or may have) an unreasonable load on the infrastructure of WOSUP ‘s network or that has the effect of undermining the integrity of our Online Services or damaging or disrupting our Online Services.

2. Privacy

2.1       Please read our Privacy Policy. This policy sets out how we will collect, use and disclose any personal information we obtain about you through your use of the Online Services.

2.2       By using the Online Services, you consent to the collection, use and disclosure of your Personal Information by WOSUP as described in our Privacy Policy.

3. Copyright and Other Intellectual Property

3.1       Our Online Services and content on our Online Services, including all text, graphics, photographs, images, moving images, sounds and illustration, are protected by copyright and trade mark laws. You agree to abide by these laws. Your use of the material and content we provide, or access through our Online Services, does not grant you any ownership rights in such material. You are not licensed to use any of our trade marks displayed on our Online Services without our express written consent.

4. External links, Advertising, Promotions, e-Commerce Offers and Third-party Content

4.1       A range of third parties’ goods may be promoted via the WOSUP Rewards platform. You may be able to add third party promotions (such as vouchers and discounts) to your digital wallet for later redemption with the third parties. WOSUP does not sell these goods and makes no guarantees, representations, or warranties as to, and does not accept any responsibility for:

  1.  the goods promoted by retailers on our WOSUP Rewards platform including in respect of the availability, price and quality of such goods; and
  2. the accuracy or completeness of information included on the Online Services about the goods sold by retailers at WOSUP.

4.2       Our Online Services may contain:

  1. links to websites operated by third parties (such as ticketing agencies);
  2. third party promotions (including banner ads and full-page advertisements) and other content provided by third parties;
  3. sections which provide you with the opportunity to interact with and use the services of third party suppliers (such as travel booking agents); and
  4. special officer or other events and activities,

which are not owned or controlled by us. We do not endorse, sponsor or approve any such third-party sites, information, materials, products or services.

4.3       If you access any third party website, service or content via our Online Services, you do so at your own risk. We will have no liability arising from your use of, or access to, any third-party website, service or content. Your use will governed by the third party’s own terms and conditions of use and privacy policy. Please contact the relevant third party should any issues arise with their products or services.

4.4       You must not link our Online Services or part of our Online Services to any other website or application without the express written authorisation of WOSUP.

4.7       From time to time, we may directly (or via our third-party partners and resellers) offer promotional online special offers or conduct marketing activities including competitions, market research surveys, customer profiling, customer insights and targeted marketing activities (such as through email, SMS, social media and other online channels) in respect of the products and services of WOSUP and its affiliates and trusted third party partners, advertisers and sponsors. Such promotions will be governed by the terms and conditions of that promotion, which will apply in addition to these Terms of Use. Unless stated otherwise at that time, any such promotions cannot be used in conjunction with any other offers or promotions.

5. Content

5.1       Content provided on our Online Services has been compiled for your convenience and includes information sourced from third parties over whom we have limited control. While we make every effort to make sure that content is correct and up to date, our reliance on these third parties means that we are not able to guarantee the accuracy of all content on our Online Services.

5.2       If you upload or otherwise provide any information or content in the course of accessing or using our Online Services, you agree that such content will be true and correct and you grant WOSUP a perpetual non-revocable licence to use the content in any manner WOSUP considers fit, subject to applicable Australian law, including  privacy laws. Any content you provide must not be unlawful or infringe the rights of anyone else.

5.3       We reserve the right, at our absolute discretion (where we have reasonable grounds to do so), to limit or block access to:

  1. the Online Services to anyone who is deemed to be in breach of these Terms of Use, or is behaving in an inappropriate manner, or for any other reasonable reason;
  2. any network protocols that we deem to be inappropriate, or which may contravene these Terms of Use, including but not limited to those used by file sharing applications or any Bit-Torrent type of client or peer to peer applications; and
  3. any websites we consider inappropriate, including sites which contain, pornography, sexually explicit material, drug use, violence, terrorism, racial vilification, harassment or discrimination of any kind or spam or anything in breach of any law or regulation.

6. Liability and indemnity

6.1       While we have taken great care in the preparation of our Online Services and have endeavoured to provide you with accurate and up-to-date information in good faith, to the extent permitted by law, WOSUP does not represent, warrant or guarantee:

  1. the accuracy, reliability, timeliness, completeness or suitability of the content on our Online Services or that our Online Services is provided or available without errors, omissions or viruses; or
  2. continuous, uninterrupted, error free, virus free or secure access to our Online Services and content on our Online Services.

6.2       To the extent permitted by law, we do not accept any responsibility or liability for all direct, indirect or consequential loss, damage or inconvenience suffered or incurred by any person as a result of use of our Online Services or the reliance on any content on our Online Services.

6.3       To the extent permitted by law , WOSUP expressly limits its liability to the maximum extent possible to the following, the choice of which is at WOSUP’s sole discretion:

  1. In the case of goods – the replacement of the goods or supply of equivalent goods or the repayment of the cost of replacing the goods or acquiring equivalent goods.
  2. In the case of services – the supply of the services again or the repayment of the cost of having the services supplied again.

6.4     You are responsible for your use of our Online Services. You indemnify and must defend and hold harmless, WOSUP and its personnel, subcontractors and agents from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses) incurred or suffered by us and any of our officers, employees or agents, which arise out of or are connected to:

  1. breach of these Terms of Use by you; or
  2. any wilful, unlawful or negligent act or omission by you.
  3. The indemnity under clause 6.4 will survive the termination of these Terms of Use.

7. 7. Termination and variation
7.1       We can terminate your use of and/or access to our Online Services at any time at our own discretion (where we have reasonable grounds to do so).

7.2       We may terminate your use of the Online Services at any time by notifying you in writing to your designated email address. If you are in breach of these Terms of Use, where reasonable to do so, we will send you a written notice identifying the breach (if the breach can be fixed) and requiring you to fix the breach within the time specified in the notice. If you fail to fix the breach within the specified time, we may then exercise our right to terminate.

7.3       We may vary these Terms of Use at any time. If we do so, we shall post the new Terms of Use on our Website and, where the variations are material, we will provide you with reasonable notice of the variations before the variations take effect.

7.4       If any part of these Terms of Use is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.

7.5       If WOSUP waives any rights available to it under these Terms of Use, this does not mean that those rights will be automatically waived on another occasion.

8. Investigation by Authorities
We reserve the right to act in any appropriate manner, where there are reasonable grounds for suspecting illegal or unacceptable usage of the Online Services, including, co-operating fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via the Online Services.

9. Decision is final
Our decision relating to the Online Services is final and no discussions or correspondence with you or any other person will be entered into unless required under law.

10. Additional Terms relating to WOSUP Rewards

Without limiting your obligations under these Terms of Use, the additional terms set out in this clause 10 apply when you use WOSUP Rewards.

  1. To access WOSUP Rewards, you need a wireless enabled device (‘Device’) to create an account on the WOSUP Rewards platform and to agree to these Terms of Use. Do not use WOSUP Rewards if you do not have the express permission of the lawful owner of the relevant Device. .On the event day, you scan the WOSUP cup to obtain offers and promotions which are available in connection with the relevant event.
  2. We reserve the right, at our absolute discretion (where acting reasonably), to limit, restrict or suspend access to or the availability of, WOSUP Rewards, in whole or in part, at any time for any reason (including for any maintenance).
  3. You acknowledge and agree that:
    1. access to WOSUP Rewards and joining the WOSUP Rewards program is at your own risk.
    2. you are responsible for taking any necessary security precautions to protect your Device against the risks of hacking, viruses, eavesdropping, and all other such hazards.
    3. you are responsible for maintaining the confidentiality of your login details and password and you accept responsibility for all activities that occur in connection with your WOSUP Rewards account.

d. To log out of WOSUP Rewards, you need to click “log out” and close your internet browser. You will be automatically logged out of WOSUP Rewards if:

  1. your access is terminated by us in accordance with these Terms of Use.
  2. no activity is detected from your Device for a continuous period of time, or you have been logged on past the specified time (as determined by WOSUP from time to time) while logged in to WOSUP Rewards.
  3. you leave the event where you are using a WOSUP cup; or
  4. you exceed the time limit (as determined by WOSUP from time to time) per WOSUP Rewards session.

e. We do not provide power, information technology advice or assistance to any user of WOSUP Rewards.

11. Additional Terms relating to the WOSUP Rewards portal.

        1. Without limiting your obligations under these Terms of Use, the additional terms set out in this clause 11 apply when you use the WOSUP Rewards portal.
        2. WOSUP grants to you a non-assignable and revocable licence to use the WOSUP Rewards portal including to access multiple WOSUP applications to view, download and obtain information for whatever process you have requested, such as to add sponsor offers to your digital wallet (the “Permitted Purpose”).
        3. Information on the WOSUP Rewards portal relating to WOSUP and its business activities (“Confidential Information”) is strictly confidential. Except to the extent required for the Permitted Purpose, you acknowledge and agree that you must not use or reproduce documents containing Confidential Information without WOSUP’s prior written consent. You must take all reasonable steps to protect any Confidential Information on WOSUP Rewards portal against misuse, loss or unauthorised access, modification or disclosure.

12. Governing Law

12.1      These Terms of Use are governed by and construed in accordance with the law in force in New South Wales and you, by agreeing to these Terms of Use, are deemed to have submitted to the non-exclusive jurisdiction of the courts of New South Wales.

12.2     Our Online Services may be accessible from outside of Australia. We make no representation that our Online Services comply with the laws (including intellectual property laws) of any country outside Australia. If you access our Online Services from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Online Services.

Last Updated: 1 March 2022