Terms of Use

1 TERMS & CONDITIONS

  1. 1.1 www.iReward.com.au (the “Website”) is an online social networking and market research website which allows registered users to use online applications and participate in marketing activities to earn points which may ultimately be redeemed for cash and prizes. The Website is owned by Ultimate Connect Pty Ltd trading as iReward (ABN 89 124 013 109) (“iReward”). Access to and use of the Website, or any of its associated products, games, applications, services, competitions, is provided by iReward.
  2. 1.2 Please read the whole of this document carefully. By browsing the Site Content on the Website, using any application on the Website, participating in any activities on the Website, you, whether or not you are a registered member of iReward, signify that you have read, understood and agree to be bound by these iReward Terms and Conditions of Use (“Terms”).
  3. 1.3 iReward offers two (2)  free services:
    1. 1.3.1 iReward provides a free service to you (“User”) to read, use and/or browse the Site Content (defined in clause 3.1.1) on the Website (“User Services”), on the condition you accept these Terms. If you do not wish to be bound by the Terms after you have read them, please leave this site. If you remain on this site and read, use and/or browse the Site Content, you understand and agree that iReward will treat your use of the User Service as acceptance of the Terms.
    2. 1.3.2 iReward provides a free service to you (“Member”) to actively use iReward Applications on the Website and earn iReward Reward Points and iReward Experience Points (“Member Services”). As a Member you accept the Terms pursuant to clause 2.
  4. 1.4 iReward reserves the right to review and change any of the Terms by updating this page at its sole discretion. You should review this page regularly. Any changes to the Terms take immediate effect from the date of their publication on this page.

2 ACCEPTING THE TERMS

  1. 2.1 In order to become a User and/or Member and use the User Services and/or Member Services (“Services”), you must first agree to the Terms. You may not use the Services if you do not agree to the Terms.
  2. 2.2 You accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by iReward in the user interface.
  3. 2.3 In order to access Member Services, you will be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Member Services, or as part of your continued use of the Services. You will also be requested to provide iReward with a unique:
    1. 2.3.1 Username; and
    2. 2.3.2 Email address.
  4. 2.4 All information will be collected and stored pursuant to the iReward Privacy Policy.
  5. 2.5 Upon signing up, an automated email will be sent to the email address you have provided. In order to complete the registration process, you will be required to validate your email address by following the instructions on that automated email.
  6. 2.6 You agree that any registration information you give to iReward will always be accurate, correct and up to date. For security and identification purposes, you will not be able to amend, change or otherwise modify your first name, last name, username, gender or date of birth once you have completed the registration process.
  7. 2.7 Once you have completed the registration process:
    1. 2.7.1 you will be a registered member; and
    2. 2.7.2 iReward will send you a confirmation email verifying your email address.
  8. 2.8 You may not use the Services and may not accept the Terms if you are:
    1. 2.8.1 not of legal age to form a binding contract with iReward;
    2. 2.8.2 signing up on behalf of someone else;
    3. 2.8.3 are under 14 years of age;
    4. 2.8.4 not a resident of Australia;
    5. 2.8.5 a convicted sex offender; and/or
    6. 2.8.6 a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  9. 2.9 By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms herein are not unconscionable; that there is no unfair bargaining power/position; that there is no duress; and that you have carefully read the Terms which signify there is no unilateral and/or mutual mistake.
  10. 2.10 Before you continue, you should print off or save a local copy of the Terms and iReward Privacy Policy for your records.

3 MEMBERSHIP

  1. 3.1 Upon successful registration, a Member will be offered the following Membership Services in accordance with the Terms:
    1. 3.1.1 Free membership which will provide access to games, competitions, prize draws, services, awards, programs and/or any other applications or services through the Website (“iReward Applications”)..
    2. 3.1.2 A unique membership account (“iReward Account”) to earn, accrue, redeem or spend points awarded based on:
    3. 3.1.2.1 success in iReward Applications (“iReward Reward Points”); and
    4. 3.1.2.2 participation in iReward Applications (“iReward Experience Points”).
  2. 3.2 The iReward Account, iReward Reward Points or iReward Experience Points cannot be assigned, transferred or allocated to another person or Member.
  3. 3.3 A Member will be entitled to:
    1. 3.3.1 Access, play, utilise, join, or otherwise use iReward Applications.
    2. 3.3.2 Interact with other Members through messages, forums or iReward Applications.
    3. 3.3.3 Be automatically eligible or registered for various quarterly, monthly and weekly prize draws.
  4. 3.4 Membership is approved and granted, on the understanding that you acknowledge that:
    1. 3.4.1 You can only sign up and be registered for one iReward Account at any one time.
    2. 3.4.2 You can only use the account registered under your own name.
    3. 3.4.3 You will provide accurate and honest information on the registration form.
    4. 3.4.4 Your account registration and profile details will be regularly updated to show true and correct details at all times.
    5. 3.4.5 Never use or publish profane or offensive language in any Website forums, Website postings, or iReward Applications and services.
    6. 3.4.6 You will keep your account details confidential and will not disclose your password to another party.
    7. 3.4.7 You will be responsible for all transactions conducted through your account.

4 iREWARD APPLICATIONS

  1. 4.1 Members may earn iReward Reward Points and iReward Experience Points by participating in iReward Applications. The reward of points will be determined by the prescribed rules, terms, and conditions for each respective application at the time the iReward Application is used.
  2. 4.2 Each iReward Application will be subject to different rules, terms and conditions. If you use the iReward Application, you understand and agree that iReward will treat your use of the application as acceptance of those respective rules, terms and conditions at the time of use.  
  3. 4.3 iReward reserves the right to add, change, or amend any or all of the rules, terms and conditions at any time without notice to you. You must review the rules, terms and conditions of each application prior to use.
  4. 4.4 iReward may prescribe participation and/or eligibility criteria to iReward Applications. You must not participate, use or engage in the application if you do not meet the prescribed criteria.
  5. 4.5 In order to successfully claim any prize from iReward competitions or prize draw prizes and/or pursuant to any other iReward Application or services, you acknowledge that:
    1. 4.5.1 Your full name, username, profile photo, suburb and state of residence will be published by iReward along with a short testimonial written by yourself as prize winner.
    2. 4.5.2 If you do not agree, or do not wish for your details to be published, you will be deemed to have forfeited your prize and the competition runner-up (or the next in line), or prize redraw will commence until a winner consents to claim the prize pursuant to clause 4.5.1.
  6. 4.6 Postal service in relation to the delivery of prizes, cash or purchases through iReward is limited to Australia only.
  7. 4.7 In order to successfully claim iReward Reward Points for referring friends to iReward, you acknowledge that:
    1. 4.7.1 all referrals must have their mobile phone number verified by iReward;
    2. 4.7.2 if the referred account is cancelled within twelve (12) months of registration, iReward may, at its sole discretion, deduct any iReward Reward Points awarded on the referral of the referred account.
    3. 4.7.3 if the referred account is verified under the same mobile number, iReward may, at its sole discretion, deduct any iReward Reward Points awarded on the referral of the referred account.
  8. 4.8 You must answer polls and surveys accurately and truthfully to the best of your knowledge, belief and after due consideration of each question. Polls and surveys are conducted and hosted by third parties. You will be redirected to third party websites to answer polls and surveys. You must not submit incomplete or frivolous responses to polls and surveys or you will not be awarded any iReward Reward Points.
  9. 4.9 iReward Reward Points will only be awarded to your iReward Account upon iReward receiving confirmation of a genuine completed survey. iReward will not be responsible for any delays or errors in awarding iReward Reward Points.
  10. 4.10 You will not use any automated means, including bots, scripts, software programs, robots, spiders, scrapers, or spammers on any iReward Applications.
  11. 4.11 iReward will use reasonable efforts to ensure that all content on the Website and/or iReward Applications are not offensive or inappropriate.
  12. 4.12 iReward does not endorse any third party content received, accessible or published on or pursuant to any iReward Application.

5 iReward REWARD POINTS AND iReward EXPERIENCE POINTS

  1. 5.1 You may earn iReward Reward Points and/or iReward Experience Points for participating in iReward Applications pursuant to the Terms and prescribed rules, terms and conditions for the respective application.
  2. 5.2 iReward Reward Points and/or iReward Experience Points do not expire, and there is no limit on how much points an account can accrue.
  3. 5.3 iReward reserves the right to reverse any erroneous account transactions to programming errors, bugs, human error or other technical issues.
  4. 5.4 iReward Reward Points may be converted to cash, donations, prizes and/or credited for other services pursuant to availability and the prescribed rate of conversion (“Redemption”).
  5. 5.5 Redemption may be subject to eligibility criteria. You will not be able to utilise Redemption if you do not meet this criteria.
  6. 5.6 iReward reserves the right change the prescribed rate of conversion at any time at its sole discretion and without notice to you. All Redemptions will be in Australian dollars.
  7. 5.7 All Redemptions will be sent to the postal address as stated in your iReward Account. You must ensure that the details on your iReward Account are accurate and correct. iReward reserves the right to deduct iReward Reward Points from your iReward Account for any amendments or re-deliveries required.
  8. 5.8 iReward takes no responsibility for any liability to damage, delay, loss, or negligence arising from mail handling, postal services and/or acts and omissions from any third party.
  9. 5.9 Once a request for Redemption is lodged, you will not be entitled to a refund, exchange, alteration, or transfer except to the extent permitted by the laws of Australia.
  10. 5.10 iReward may require proof of identification prior to the approval of any Redemption.
  11. 5.11 By participating and placing a bid in an auction, you acknowledge that:
    1. 5.11.1 the Member who submits the highest bid at the auction closing time is the winner;
    2. 5.11.2 your bid will only be deducted from your iReward Account if you are the winner;
    3. 5.11.3 if you are the winner, your full name, username, profile photo, suburb and state of residence will be published by iReward for marketing and advertising purposes.
  12. 5.12 A tax deductible receipt will not be issued for any Redemption and any donations or transfers you make to third parties will not be in your name. Donations or transfers are only available to prescribed transferees/donees. iReward reserves the right to change the prescribed transferees/donees available at any time at its sole discretion and without notice to you.  
  13. 5.13 iReward will proactively audit your iReward Account’s transaction history and records for fraud or misconduct performed through your iReward Account from time to time.

6 MEMBERSHIP AGREEMENT

  1. 6.1 iReward offers Member Services on the Website not available to non-members, on the understanding that you acknowledge that:
    1. 6.1.1 Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by the Member for personal, non-commercial purposes only for the duration of the membership. iReward may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of iReward. Illegal and/or unauthorised use of the Website, including collecting Username and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken by iReward for any illegal or unauthorised use of the Website.
    2. 6.1.2 Any use of your Membership by any other person, or third parties, is strictly prohibited. You agree to immediately notify iReward of any unauthorised use of your password or Username or any breach of security of which you have become aware.
    3. 6.1.3 You have sole responsibility for protecting the confidentiality of any password and/or Username that may be issued to you. Use of your password or Username by any other person may result in the immediate cancellation of your Membership.
    4. 6.1.4 You may not expressly or impliedly impersonate another Member of iReward or User of iReward.
    5. 6.1.5 You may not use the Username or password of another Member at any time.
    6. 6.1.6 You are solely responsible for your interactions with other iReward Members. You understand that iReward does not in any way screen its Members, nor does iReward inquire into the backgrounds of its Members or attempt to verify the statements of its Members. iReward makes no representations or warranties as to the conduct of its Members or their compatibility with any current or future Members.
    7. 6.1.7 In no event shall iReward be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, defamatory communications, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Service, persons you meet through the Services or any other persons.
    8. 6.1.8 Although iReward does not have any obligation to monitor the Services, iReward reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any service. iReward may also provide tools to filter out explicit sexual content.
    9. 6.1.9 You may not cover, obstruct, obscure or block the banner advertisements on your personal profile page or any iReward page via HTML/CSS or any other means.
    10. 6.1.10 Any automated use of the system, such as using scripts to add friends, is prohibited.
    11. 6.1.11 iReward, subject to local applicable laws, reserves the right to discontinue or cancel your Membership at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the website or the service without notice if you breach any of these Terms or any applicable law or if we find your conduct impacts our name or reputation or violates the rights of those of another party.
    12. 6.1.12 iReward may cancel your iReward Account and Membership if you have not logged in and/or your iReward Account is otherwise inactive for 12 months or more. You will be provided notice of cancellation 7 days notice by email before cancellation.
    13. 6.1.13 Upon cancellation of your Membership, all outstanding redemption payments, iReward Reward Points, iReward Experience Points will be forfeited.
    14. 6.1.14 Once your Membership is cancelled, it cannot be reactivated and you will no longer be able to log into your iReward Account. If you wish to be a Member again, you will need to register a new Username and email address.
    15. 6.1.15 If your account was previously cancelled, we reserve the right to refuse your subsequent registration applications.
    16. 6.1.16 You may cancel your Membership at any time at Cancel your Account page.
  2. 6.2 Duty to other Members
    1. 6.2.1 You will not bully, discriminate, harass or intimidate any other iReward Member or User.
    2. 6.2.2 You will not upload viruses or other malicious code.
    3. 6.2.3 You will not upload any content that is pornographic, contains nudity, provocative, hateful, violent or otherwise offensive in nature.
    4. 6.2.4 You will not use any automated means, including bots, scripts, software programs, robots, spiders or scrapers, to collect user information, to post information (including sending SPAM), to earn iReward Reward Points, iReward Experience Points and/or to access iReward without our permission.
    5. 6.2.5 You will not post other people’s sensitive financial information or identification documents on iReward.
    6. 6.2.6 You must not use iReward service to send out unauthorised commercial communications or SPAM to users.
    7. 6.2.7 You will not use iReward’s copyrights, trademarks or intellectual property without obtaining iReward’s written permission.
    8. 6.2.8 iReward reserves the right to remove any content you post on the Website or to other Members or Users which are considered to be in breach of this clause or the Terms.
    9. 6.2.9 iReward reserves the right to inform relevant authorities in relation to your conduct and you will be liable for any loss, damage or expenses caused as a result of your direct or indirect breach.

7 CONTENT IN THE SERVICES

  1. 7.1 You understand that any content which you may have access to as part of, or through your use of the Services are the sole responsibility of the person from which such content originated.
  2. 7.2 You agree that you will not post inaccurate, defamatory, misleading or false information on the Website and if, subsequently, the Site Content becomes obsolete, inaccurate or false, you will promptly remove the content.
  3. 7.3 You agree that you are solely responsible for (and that iReward has no responsibility to you or to any third party for) any content that you post while using the Services and for the consequences of your actions (including any loss or damage which iReward or a third party may suffer).
  4. 7.4 You agree that you are solely responsible for (and that iReward has no responsibility to you or to any third party for) any breach of your obligations under these Terms and any applicable laws in Australia, and for the consequences (including any loss or damage which iReward or a third party may suffer) of any such breach.
  5. 7.5 You agree to use the services only for purposes that are permitted by (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

8 TERMINATION OF CONTRACT

  1. 8.1 The Terms will continue to apply until terminated by either you or by iReward as set out below.
  2. 8.2 If you want to terminate your legal agreement with iReward, you may do so by (a) notifying iReward at any time and (b) closing your accounts for all of the services which you use, where iReward has made this option available to you. Your notice should be sent, in writing, to iReward via the Contact Us link on our homepage.
  3. 8.3 iReward may at any time, terminate its legal agreement with you if it reasonably believes that:
    1. 8.3.1 you have breached any provision of the Terms or intend to breach any provision; or
    2. 8.3.2 you have breached or intend to breach any term, condition or regulation of iReward Applications; or
    3. 8.3.3 you have registered more than one account, you have registered an account on behalf of another person with or without their consent, or you have registered using a false identity; or
    4. 8.3.4 iReward is required to do so by law; or
    5. 8.3.5 the partner with whom iReward offered the Services to you has terminated its relationship with iReward or ceased to offer the Services to you; or
    6. 8.3.6 iReward is transitioning to no longer providing the services to Members in the country in which you are resident or from which you use the service; or
    7. 8.3.7 the provision of the services to you by iReward is, in the opinion of iReward, no longer commercially viable.
  4. 8.4 Termination pursuant to clause 8, for any reason whatsoever, will automatically and simultaneously cancel your iReward Account and all iReward Reward Points and/or iReward Experience Points accrued in that iReward Account will be deemed to be forfeited.
  5. 8.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and iReward have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

9 COPYRIGHT AND INTELLECTUAL PROPERTY

  1. 9.1 The Website, Services, and all of the related products of iReward are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Site Content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved by iReward or its contributors.
  2. 9.2 iReward retains all rights, title and interest in and to the website and all related content.  Nothing you do on or in relation to the Website will transfer any:
    1. 9.2.1 business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    2. 9.2.2 a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    3. 9.2.3 a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
  3. 9.3 iReward claims no ownership or control over any Site Content submitted, posted or displayed by you on or through the Website. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Site Content you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Site Content on or through the Website which is intended to be available to the members of the public, you grant iReward, non-exclusive, royalty-free license to reproduce, publish and distribute such Site Content on the Website.
  4. 9.4 You may not, without the prior written permission of iReward and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Site Content of, or create a derivative work from the Website for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
  5. 9.5 You retain copyright and any other rights you already hold in Site Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Site Content you give iReward a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Site Content which you submit, post or display on or through the Website.

10 GENERAL DISCLAIMER

  1. 10.1 Use of the Website, the Services, and any of the products of iReward, is at your own risk.  Everything on the iReward, the Services, and the products of iReward, are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of iReward make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with iReward, its use, its Site Content or any products or Services (including the products or services of iReward) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    1. 10.1.1 failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    2. 10.1.2 the accuracy, suitability or currency of any information on the website, the service, or any of its Site Content related products (including third party material and advertisements on the Website);
    3. 10.1.3 costs incurred as a result of you using the Website, the Services or any of the products of iReward;
    4. 10.1.4 for the Site Content or operation in respect to links which are provided for the Member’s convenience;
    5. 10.1.5 of any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    6. 10.1.6 for any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11 LIMITATION OF LIABILITY (IF ANY)

  1. 11.1 The total liability of iReward to you (if any) for loss, damage or reliance shall be limited to the re-supply of the information or the Services or payment of the amount paid by you (if any) for accessing the Website, the Services or any of the products of iReward.
  2. 11.2 You expressly understand and agree that iReward, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  3. 11.3 iReward is not responsible or liable in any manner for any Site Content posted on the Website or in connection with the Services, whether posted or caused by Users or Members of iReward, by third parties or by any of the services offered by iReward.
  4. 11.4 iReward does not control and is not responsible for Site Content that Members of iReward have posted and are not responsible for any offensive, inappropriate, obscene or unlawful Site Content you may encounter on the website or in connection with any Site Content on the Website.

12 INDEMNITY

  1. 12.1 You agree to indemnify iReward, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    1. 12.1.1 all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; and/or
    2. 12.1.2 any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms.

13 DISPUTE RESOLUTION

  1. 13.1 Compulsory:
    1. 13.1.1 If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
  2. 13.2 Notice:
    1. 13.2.1 A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. 13.3 Resolution:
    1. 13.3.1 On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
    2. 13.3.2 Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    3. 13.3.3 If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee;
    4. 13.3.4 The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  4. 13.4 Confidential:
    1. 13.4.1 All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
  5. 13.5 Termination of Mediation:
    1. 13.5.1 If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  6. 13.6 Legal Proceedings:
    1. 13.6.1 In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

14 GOVERNING LAW

  1. 14.1 This agreement is governed by the laws of New South Wales, Australia.  
  2. 14.2 If any part of this agreement is found to be invalid or unenforceable, it shall be severed to the extent possible without affecting the remainder.
  3. 14.3 This agreement and any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.
  4. 14.4 Both parties confirm and declare that the provisions of this agreement are fair and reasonable and both parties having taken independent legal advice and declare this agreement is not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

15 VENUE AND JURISDICTION

  1. 15.1 The services offered by iReward are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.  
  2. 15.2 Any claim may be adjudicated by a court of competent jurisdiction located in New South Wales, Australia. You and iReward agree to submit personal jurisdiction to the courts located within New South Wales, Australia, and you hereby waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state of New South Wales and the Federal Courts of Australia.

16 INDEPENDENT LEGAL ADVICE

  1. 16.1 You agree that you have obtained independent legal advice for any conditions which you do not fully understand.

17 SEVERANCE

  1. 17.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.