Terms of Use

These Terms of Use were last updated 24 June 2016

These terms of use ("Terms of Use") are a legal agreement between you and Active Digital Solutions Pty Ltd (hereafter referred to as "Active", "we" or "us" as the context may require) for the use of the Active mobile application ("Active App") and any website operated by Active (the "Site") including, without limitation, http://www.activeapp.com.au.

These Terms of Use set out important information regarding your rights and obligations in connection with the Active App and Site. Please read them carefully. In particular, we draw your attention to the limitations of liability contained in Section 14 and to our Privacy Policy which is referred to in Section 2 below.

By downloading, installing or using the Active App or accessing the Site, you agree to these Terms of Use and our Privacy Policy which shall bind you. If you do not agree with these Terms of Use and our Privacy Policy (as defined below), do not download, install or use the Active App or Site.

Active permits you to use the Active App and Site solely in accordance with these Terms of Use. Active retains ownership of the Active App and Site at all times.

These Terms of Use apply to the use of any updates or changes to the Active App and Site that we may issue from time to time.

1. The licences granted to you for the use of the Active App and Site

Active grants you a non-exclusive, non-transferable, revocable licence to do the following in accordance with these Terms of Use (the "Licences"):

  1. download, install and use the Active App, and any updates to it provided by Active from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and
  2. access and browse the Site for your personal use only.

Active may terminate the Licences granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licences shall automatically terminate. Where any of the Licences are terminated, you agree to immediately cease using and accessing the Active App and Site and to delete any copies of the Active App held by you.

2. Your consent to the processing of personal data

By downloading, installing or using the Active App or Site and/or by submitting personal data to Active, you agree to the collection and processing of your personal data in the manner provided for in our privacy policy (the "Privacy Policy"), refer below. Our Privacy Policy explains how we process the personal data we collect in connection with your use of the Active App and Site.

3. Rights to the Active App, Site and their content

All intellectual property rights and other rights in or to the Active App or Site, and any content of either, made available by or on behalf of Active and its licensors, belong to and remain at all times with Active and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to the Active App or Site or any contents of either.

The Active App and Site are licensed and not sold under these Terms of Use. The only rights granted to you in relation to the Active App and Site under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to the Active App or Site is granted by us.

Where you submit any content whatsoever ("Content") to the Active App or Site, including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the Active App, Site and our business from time to time, in accordance with our Privacy Policy.

We welcome any feedback or suggestions for improvements relating to the Active App, Site and/or any related products and services offered by us from time to time ("Feedback"). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.

Save as expressly permitted by us in these Terms of Use, you must not use the content on the Active App or Site (other than content that is submitted by you to the Active App) for any commercial purpose without obtaining written permission from us to do so first.

4. Use of the Active App

In order to use the Active App, you must create a user account (an "Active Account"). You are responsible for all uses of your Active Account whether by you or a third party. You should ensure that you use your personal mobile number and a valid email for verification of your account and a strong password (if applicable) for your Active Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Active Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password (if applicable). Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.

Your Active Account logs details of all Active Points generated by you and any transfers of Active Points to or from your Active Account. Please review your Active Account regularly. If you identify any erroneous transaction or unexpected activity on your Active Account, or you believe that the security of your Active Account has been compromised, you must let us know as soon as possible.

When using the Active App on your mobile device, you acknowledge and agree that Active operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.

5. Active Points

"Active Points" are units of exchange that users of the Active App may generate through verified physical movement (e.g. steps). Active Points may be used to redeem products, services and other benefits via the Active App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that Active Points may not be redeemed for cash from Active or any of its affiliates, unless we expressly agree otherwise with you in writing.

All Active Points are generated by the verified physical movement of users of the Active App. Active Points will never be generated by any other means. We reserve the right to destroy Active Points that we have reason to believe have been created by any other means and to suspend or disable Active Accounts used in contravention of these Terms of Use.

We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate Active Points using the Active App (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified steps required to generate an Active Point). Details of eligibility criteria and the volumes of verified movement required to generate Active Points from time to time are provided within the FAQ section of the Active App. Movement verification conducted by our algorithms is considered final and can not be revised or reversed.

We reserve the right to impose charges in relation to the use of Active App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via the Active App. The currency and amount of any such charges may be determined by us in our absolute discretion.

6. Acceptable Use

You agree that you shall not:

  1. Seek to generate Active Points by any means other than your genuine physical movement meeting the eligibility criteria specified by Active from time to time and, in particular and without limitation, you shall not (i) simulate any such verified movement using artificial and/or mechanical means, (ii) enlist third parties to generate Active Points on your behalf (for the avoidance of doubt);
  2. Copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the Active App or Site or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or applicable law;
  3. Operate more than one Active Account;
  4. Use the Active App or Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Active App or Site;
  5. Reproduce, frame, display or mirror the Active App or Site other than as a necessary consequence of their normal operation by you;
  6. Infringe our intellectual property rights or those of any third party in relation to your use of the Active App or Site;
  7. Transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Active App or Site;
  8. Use the Active App or Site in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  9. Employ any technology that interferes in any way with the proper operation of the Active App or Sites, including by blocking any advertising or promotions displayed thereon; and
  10. Collect or harvest any information or data from the Active App or Site for any commercial purpose, save as otherwise agreed in writing by us.

If we discover any breach of this Section 6 by you, we may immediately suspend or terminate your access to the Active App and remove and delete any content from Active App or Site violating this Section 6.

7. Changes and updates to the Active App and Site

Active reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the Active App and/or Site, and/or (ii) alter the functionality or contents of the Active App and/or Site with or without notice to you.

We may issue updates to the Active App from time to time. Depending upon the nature of the update, you may not be able to continue to use the Active App until you have downloaded the latest version of the Active App.

8. Contacting us

In relation to any matters concerning the Active App and Sites, including any feedback, questions, complaints or claims, please contact us by email to support@activeapp.com.au.

Active welcomes any feedback you may have on the Active App.

9. No warranty

The Active App and Site are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the Active App, Site or the contents of any of them. Active does not warrant or undertake that use and availability of the Active App and Site will be uninterrupted or error-free.

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE ACTIVE APP OR SITE. IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF ACTIVE IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Third Party Content

For your convenience Active may include in the Active App, Site or Active owned email accounts links to other sites on the internet that are owned or operated by third parties ("Third Party Websites"). You also agree that Active has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.

The Active App, Site or Active owned email accounts may include content submitted by other users of the Active App and Site ("Third Party Content"). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.

The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

11. No Medical Advice

The Active App allows you to track and verify your physical movement, generate Active Points and use Active Points to redeem goods, services and other benefits. THE SERVICES WE PROVIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. The Active App is not a tool for the diagnosis or prevention of disease. We do not endorse any third party products or services listed on the Active Rewards Store and, where these relate to your health, you should always take appropriate medical advice before using them. YOUR USE OF THE ACTIVE APP DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ACTIVE.

12. Changes and updates to the Terms of Use

We may change or update these Terms of Use and/or our Privacy Policy from time to time. If we decide to do this we will post such changes or updates on our website http://www.activeapp.com.au and on the Active App, so that you are always aware of the terms and conditions for the use of the Active App and Site. If we make a significant change to these Terms of Use and our Privacy Policy, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use and our Privacy Policy on the Active App or Site from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use or our Privacy Policy, by continuing to use the Active App or any Site you agree to be bound by such change or update.

From time to time we may make available additional terms or guidance in relation to the usage of Active App or Site, and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Active App or any Site.

13. Active Rewards Store

The Active App enables third parties ("Merchant") to offer goods or services ("Merchant Offering") to Active App users that may be redeemed in exchange for Active Points (such functionality being the "Active Rewards Store"). The Merchant may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering.

Where you use the Active Rewards Store to redeem a Merchant Offering in exchange for Active Points, any such transaction is entered into directly between you and the Merchant making available the relevant Merchant Offering. Without limiting the effect of these Terms of Use in any way, transactions taking place on the Active Rewards Store are subject to the legal terms of the Merchant offering the relevant Merchant Offering on the Active Rewards Store.

Any Merchant Offering listed on the Active Rewards Store is offered subject to its availability and can only be redeemed with the Merchant and not with Active. You agree that disputes in relation to any Merchant Offering redeemed via the Active Rewards Store shall be resolved between the Merchant and the user. Active reserve the right in our absolute discretion to (i) reimburse Active Points to an aggrieved user where we deem this appropriate, and (ii) suspend or terminate the use of the Active App for any user(s).

You agree that Active has no responsibility for any Merchant Offering on the Active Rewards Store. You agree that we have no control over and do not guarantee the quality or safety of any Merchant Offering. Our operation of the Active Rewards Store should not be taken as an endorsement (express or implied) of any Merchant Offering.

Active is entitled to alter the selection of Merchant Offerings, and the number of Active Points required to redeem any such Merchant Offering, on the Active Rewards Store, as well as to limit the number of possible redemptions of any Merchant Offering in its absolute discretion.

You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on the Active Rewards Store that we have not participated in.

We welcome feedback on Active Rewards Store Merchants.

14. Limitation of liability

You acknowledge that the Active App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Active App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the Active App, Site and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the Active App or Site or any inaccurate or incomplete content on either.

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use. Nothing in these Terms of Use shall exclude or limit our Liability for any Liability for (i) fraud; (ii) serious misconduct by Active, excluding serious misconduct not conducted by Active itself; or (v) any Liability which cannot be excluded or limited by applicable law. You are obliged to take adequate measures to avert and reduce damages. “Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Use.

15. Apple’s requirements

As users of the App Store operated by Apple Inc, we are required to include certain legal terms in our Terms of Use, and these are set out below as App Store Terms:

  1. The Terms of Use are concluded between you and Active, and not with Apple Inc (“Apple”). The Active App and its contents are the responsibility of us, our licensors and users of the Active App (to the extent that such users create, submit or distribute any content via the Active App) and not Apple;
  2. The licence to use the Active App granted under these Terms of Use is a non transferable license for you to use the Active App on an Apple­ branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the Active App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple;
  3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Active App. We do not offer maintenance or support services in connection with the Active App;
  4. Apple will have no warranty obligation whatsoever with respect to the Active App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Active App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility;
  5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Active App or your possession and/or use of the Active App, including, but not limited to: (i) product liability claims; (ii) any claim that the Active App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
  6. In the event of any third party claim that the Active App or your possession or use of the Active App infringes that third party’s intellectual property rights, Active and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;
  7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
  8. You must comply with any third party terms that are applicable to the use of the Active App from time to time; and
  9. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

16. General

We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent. Any attempt to do so without our consent will be void.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms of Use and their subject matter and formation, are governed by Australian law. You and we both agree that the courts of Australia will have non-exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.

Privacy Policy

This Privacy Policy was last updated 24 June 2016

This Privacy Policy explains how Active Digital Solutions Pty Ltd ("Active", us, our, and we), collects, processes and uses information about you. Active is committed to protecting your privacy in full compliance with applicable data protection and privacy laws.

This Privacy Policy, together with our Terms of Use, applies to your use of the Active mobile application (the "Active App"), any website operated by Active (the "Site") and any services we provide that are accessible via any of them. This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this Privacy Policy carefully to understand our practices regarding your personal data and how we will treat it.

By visiting any Active Website(s) or by downloading, installing or using the Active App, you accept this Privacy Policy and consent to the processing of your personal data as described herein.

We will routinely update this Privacy Policy to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality or features to the Active App or Site. If we make any material changes we will notify you, either by email (sent to the email address specified in your account), by means of notice on the Site or otherwise. You can determine when this version of the Privacy Policy was adopted by referring to the Effective Date above.

1. Information we may collect from you

We may collect and process the following data about you:

Such information may include the following:

Information we collect about you and your devices: When you register as a user of the Active App, use the Active App or visit the Site we may collect the following information:

Information about your location and movement: In order for the Active App to function properly it needs to monitor and verify the forms of eligible movement undertaken by users of the Active App.

When you opt in to allow the Active App to track your step-count using your fitness app and/or device, Active will automatically collect information related to your exercise. This information is stored against your individual user account. Active will use this information to accurately attribute eligible movement and Active Points to your account.

The Active App starts collecting exercise related data as soon as you have installed the Active App to your mobile device and enabled the Active App to access the relevant data from your fitness app and/or device. The data collection will continue until you disable the Active App’s access to your fitness app and/or device, or uninstall the Active App from your mobile device.

Information we receive from other sources: We may work with third parties from time to time (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. This may include your purchase history from business partners who supply you with rewards made available on the Active App.

2. Cookies and Analytics

We use cookies to distinguish you from other users of the Active App and Site and obtain certain information about your usage and behaviour. A cookie is a small file of letters and numbers that we put on your computer when you use the Active App or Site. This helps us to provide you with a good experience when you use the Active App or browse the Site and also allows us to improve the Active App and Site. We will use both persistent cookies, which could remain on your device until their expiration (which, in some cases, is up to 10 years), and session cookies, which are temporary files removed from your device once your browser is closed.

The types of cookies we may use include:

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. You may block cookies used by websites by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to use all functionality of the Site.

We use a number of industry-standard data analytics tools, such as Google Analytics. These collect certain information about you, such as your device’s IP address and browsing and usage behaviour, and are used to allow us to track and monitor the traffic visiting the Active App and Site.

3. Uses made of the information described in this policy

We may use your personal data to:

4. Disclosure of your information

Except as described in this Privacy Policy, we will not sell your personal data to any third party without your consent.

We share your personal data with the parties indicated below and for the following reasons:

5. How and where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside of Australia. It may also be processed by staff operating outside of Australia who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. Active will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Our hosting site is located in the United States Of America. Our systems are firewall protected. We also use encryption techniques and authentication procedures to maintain the security of your personal data and prevent unauthorised access to your Active account and our systems. Authorised Active personnel or authorised third parties who are granted access to personal data are required to keep such data confidential. You are responsible for keeping your account login details confidential.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to or from the Active App and Site via the internet.

6. Data retention

We will keep your information for a reasonable period of time to allow us to make use of it for the purposes described in this Privacy Policy, or as long as the law requires, and in accordance with our data retention policies.

7. Use of aggregated data

For benchmarking and comparison purposes, as well for research purposes in the health and wellness field, we may collect and analyse aggregated anonymous user data generated by the Active App and your mobile device. Such aggregated data will be anonymous and will not identify you. We may sell or provide this data to third parties or publish it.

8. Data relating to children

We do not knowingly collect personal data of children under the age of 13 and will immediately take steps to delete any such data if any inadvertent collection of such data comes to our attention.

9. Your rights and access to information

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by emailing us at support@activeapp.com.au.

If you would like to cancel your Active Account, please contact us by emailing us at support@activeapp.com.au and we will take reasonable steps to permanently delete your personal data within a reasonable period and subject to our data retention policies. Your unique, app-generated user ID (against which Active Points are earned and stored), will be retained and continue to be processed in the event of account cancellation in order to allow the continued operation of the full functionality Active App (including transaction histories) for other users.

You can access, update, rectify, and delete your information you provided to us in your profile by logging into your account or sending us an email at support@activeapp.com.au.

If you have any questions or comments about our privacy practices or this Privacy Policy, if you want to make use of any of the above rights, or other rights that you may have in relation to your personal data if you wish to close your Active account or if you have other questions or requests, please email us at support@activeapp.com.au.

10. Links

The Active App, Site or Active owned email accounts may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

11. Changes to Privacy Policy

We reserve the right to change our Privacy Policy from time to time. Any changes we may make to our Privacy Policy in the future will be made available on the Active App and Site, and may be emailed to our registered users if we so elect (though we do not undertake to do this in all cases). You should therefore check the Privacy Policy available on the Active App and Site from time to time. In the event of any change, by continuing to use the Active App or Site you agree to the relevant change.

12. Contact

If you have any questions or comments about our privacy practices or this Privacy Policy, if you want to make use of any of the above rights, or other rights that you may have in relation to your personal data if you wish to close your Active account or if you have other questions or requests, please email us at support@activeapp.com.au.