G'day Parks Mobile Application Terms and Conditions

1.  General

These terms and conditions of use ('Terms') govern your use of the G’day Parks mobile application (G’day Parks app'). Your use of the G’day Parks App will mean you accept these Terms.  If you do not agree to these Terms, you may not access or use the G’day Parks App. These Terms expressly supersede any prior agreements or arrangements with you.

These Terms are to be read in conjunction with the G’day Rewards Membership Program Terms and Conditions (‘Membership Conditions’) which can be found at https://www.gdayrewards.com.au/terms and the G'day Parks App FAQs which can be found at https://gdayparks.com.au/terms-and-conditions/gday-parks-app-fuel-faqs.  Unless expressly defined in these Terms capitalised words have the meaning set out in the Membership Conditions.  In the event of any conflict or inconsistency between the Membership Conditions and these Terms the Membership Conditions will prevail.  

Supplemental terms may apply to certain offers or services provided as part of the G’day Parks app (‘Other Services’), such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Other Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the Other Services and will prevail over these Terms in the event of a conflict with respect to the applicable Other Services.

G’day Parks may amend these Terms, any policies or supplemental terms related to the use of the G’day Parks app from time to time.  Amendments will be effective upon G’day Parks posting of such updated Terms at this location or via the G’day Rewards website (https://www.gdayrewards.com.au). Your continued access or use of the G’day Parks app after such posting constitutes your consent to be bound by the Terms, as amended.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. 

2.    The G’DAY Parks App 

The G’day Parks app constitutes the provision of a technology platform that enables you as a G’day Rewards Member via a mobile application to:

(a)    access your Membership details;
(b)    access selected Partner Benefits as determined by G’day Parks from time to time; and 
(c)    access selected Membership benefits as determined by G’day Rewards from time to time.

Subject to these Terms, the G’day Parks app is available for download if you have the applicable smart phone (with an operating system of Android 7 or iOS11 and above), access to the relevant app store and the internet via your smart phone.  G’day Parks does not guarantee that the G’day Parks app, or any part of it, will function on any particular hardware or device. You acknowledge that the G’day Parks app may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
Subject to your compliance with these Terms, G’day Parks grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:

(a)    access and use the G’day Parks app on your personal device solely in connection with your G’day Rewards Membership; and 
(b)    access and use the content, information and related materials that may be made available through the G’day Parks app, 

in each case solely for your personal and non-commercial use. 

Notwithstanding the above G’day Parks may cease to provide you with access to the G’day Parks app or any of its services without notice.
The G’day Parks app is protected by copyright.  Except to the extent permitted by Australian law, you must not use, copy, modify, transmit, store, publish or distribute the material, or create any other material using material from the G’day Parks app, without the prior written consent of G’day Parks (which may be withheld at its sole and absolute discretion). 

Any trademarks (whether registered or unregistered) or logos used or comprised within the G’day Parks app must not be used or modified in any way without the prior written consent of G’day Parks. The material, products, technology and processes contained in the G’day Parks app may also be the subject of other intellectual property rights owned by G’day Rewards or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms.

3.    G’day Rewards Membership Account

In order to access and use the G’day Parks app, you must be a current G’day Rewards Member.  You can apply for Membership at the G’day Rewards website (https://www.gdayrewards.com.au). 

Unless otherwise permitted by G’day Parks in writing, you may only possess one Membership account for use with the G’day Parks app.

You are responsible for all activity that occurs under your Membership account. You must keep your Membership username and password to access the G’day Parks app secure and confidential and not provide those details to any third party under any circumstances. You may not assign or otherwise transfer your G’day Rewards account to any other person or entity. You represent and warrant to G’day Parks that you accept all liability for any unauthorised use of any username and password issued to you to access and use the G’day Parks app.  

4.    External Sites

The G’day Parks app may contain links to, or frame, third party web sites ('External Sites'). G’day Parks is not required to maintain or update such links. Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by G’day Parks of the owners or operators of the External Sites, or for any information, products or services referred to on the External Sites unless expressly stated within the G’day Parks app. 

G’day Parks makes no warranties and accepts no liability in relation to material contained on External Sites.  You acknowledge that content (including advertising) on External Sites is not within G’day Parks control and that different terms of use and privacy policies may apply to your use of any External Sites.

5.    Partner Benefits and Promo Codes

G’day Parks may in its sole discretion create or offer promotional codes to you that may be redeemed for features or benefits related to your Membership or a Partner’s or a third party provider’s services, subject to any additional terms, which may be established on a per promotional code basis (‘Promo Codes’). 

You agree that Promo Codes:

(a)    may only be used for the intended audience and purpose;
(b)    may not be duplicated, sold or transferred in any way, or made available to the general public unless expressly permitted by G’day Parks; 
(c)    may be disabled or removed by G’day Parks at any time for any reason without liability to G’day Parks; 
(d)    may only be used pursuant to the specific terms that G’day Parks, the Partner or the third party establishes for such Promo Code; and
(e)    are not valid for cash; and 
(f)    may expire prior to your use. 

G’day Parks reserves the right to withhold features or benefits obtained through the use of Promo Codes by you or any other user in the event that G’day Parks reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

6.    Privacy and Data 

If you have provided permission through your device, G’day Rewards may collect and store pinpointed physical location information from technologies like GPS, Wi-Fi or mobile tower locations. You can withdraw your consent to the use of location data at any time through the settings of your mobile device.

All personal information collected by the G’day Parks app will be handled in accordance with the G’day Parks privacy policy which is available at https://gdayparks.com.au/privacy-policy.

The use of Promo Codes, Partner Benefits and other third party offers may be subject to collection of your personal information by third parties.  You acknowledge that the collection and use of your personal information by those parties will be governed by their respective privacy policies. 
You are responsible for obtaining the data network access necessary to use the G’day Parks app. Your mobile network’s data and messaging rates and fees may apply if you access or use the G’day Parks app from a wireless-enabled device and you are responsible for such rates and fees.

7.    Disclaimers and Limitation of Liability

Whilst G’day Parks takes care to ensure that any information in the G’day Parks app is correct, current and free from errors, G’day Parks does not warrant the accuracy or completeness of or the representations made in such information. You are responsible for assessing the accuracy of such information and rely on it at your own risk.  

You must take your own precautions to ensure that whatever you select for use is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Certain statutory warranties under consumer protection laws will be implied for the benefit of consumers. Nothing in these Terms is intended to exclude or restrict the application of such laws but G’day Parks does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of the G’day Parks app.

Subject to applicable consumer protection laws:

(a)    G’day Parks is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the use of the G’day Parks app, including without limitation use of any service, Partner Benefit or Promo Code provided through or in connection with the G’day Parks app;
(b)    G’day Parks is not liable for disruptions to the G’day Parks app service; and
(c)    G’day Parks is not liable to you or anyone else if interference with or damage to your phone or computer systems occurs in connection with use of the G’day Parks app or an External Site. 
(d)    G’day Parks’ liability for a failure to comply with a consumer guarantee under any applicable consumer protection laws is limited to:

a.    in the case of goods supplied to you, the replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and 
b.    in the case of services supplied to you, the supply of the relevant services again, or the payment of the cost of resupplying the services.

8.    Breach

If G’day Parks considers, in its absolute discretion, that you have acted contrary to these Terms or in a manner contrary to G’day Rewards’ interests, G’day Parks may immediately terminate your access and use of the G’day Parks app at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action or further access.

You indemnify G’day Parks against all damages, losses and expenses of any kind (including solicitor fees) arising out of or in relation to your breach of these Terms or any violation of any law or the rights of any third party. 

9.    Governing Law 

Acceptance of these terms and conditions forms an agreement which is governed by the laws of South Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

10.    Contact

If you have a questions concerning the G’day Parks app or need to contact us please visit the “Contact Us” section of our website (https://www.gdayrewards.com.au/contact-us