Services (“TOU“). Please read these TOU carefully before you use the Pollenizer Services.
You agree that your use or continued use of the Pollenizer Services means that you accept and agree
that the TOU constitute an agreement between you, the customer (“Customer” or “you“), and POLLENIZER PTY. LTD. ABN 32 129 953 091 (“Pollenizer“, “we” or “us“) with respect to your use of the
Pollenizer Services and the provision of Services by Pollenizer to you (“Agreement“).
If you do not accept these TOU, you must not use the Pollenizer Services.
In these TOU, unless the context otherwise requires:
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth)
and the corresponding provisions of State and Territory fair trading legislation;
“Consumer” has the meaning given to it in section 3 of the Australian Consumer Law;
“Consumer Guarantees” means the consumer guarantees contained in the Australian Consumer
“Consumer Services” means services of a kind ordinarily acquired for personal, domestic or
household use or consumption as that expression is used in the Australian Consumer Law;
“Intellectual Property Rights” means all present and future statutory and other proprietary rights
(whether registered or unregistered) throughout the world, including but not limited to trade marks,
business names, trading names, domain names, logos, trade secrets, confidential information,
designs, patents, inventions, processes, systems, databases, computer software, source code,
object code, websites, technical data, formulae, circuit layouts, copyrights, confidential information,
pricing and plan information, know-how including modifications and improvements to same
and all other rights with respect to intellectual property as defined in Article 2 of the Convention
Establishing the World Intellectual Property Organisation of July 1967, and moral rights as defined
under Part 9 of the Copyright Act 1968 (Cth);
“Internet” means the global data network comprising interconnected networks using the TCP/IP or
Transmission Control Protocol/Internet Protocol;
“Law” means any legislation, regulations, guidelines, codes of conduct (whether or not having the
force of law), and all other laws from which legal rights and obligations may arise including without
limitation the common law and equity, in any jurisdiction to which Pollenizer or the Customer is from
time to time subject;
“Representatives” means directors, officers, employees, agents, representatives, contractors or
subcontractors of Pollenizer;
“Retailer” means any retailer or advertiser of services and/or goods selected by Pollenizer from time to
time in its absolute discretion and which is displayed on the Services;
“Services” means the Pollenizer website at URL http://www.Pollenizer.com and other online sites
and software applications owned or operated by us, such as our Facebook and mobile phone
“Software” means any software owned by, or licensed to, Pollenizer which is used for the purposes of providing the Services to the Customer.
1. Changes to Terms & Conditions
1.1 Pollenizer reserves the right to amend these TOU from time to time without notice.
1.2 The latest version of the TOU appears on the Pollenizer website and mobile applications.
1.3 You can identify whether the TOU have been amended since your last review by checking the “Updated” date at the foot of these TOU.
1.4 You agree to review the TOU to check the “Updated” date each time you use the Pollenizer website or mobile applications to ensure that you are aware of any amendments.
1.5 Your continued use of the Services or the Pollenizer website or mobile applications will be deemed to constitute acceptance of the amended TOU.
2. Provision of the Services
2.1 Pollenizer is an online community for individuals to send friends and family members electronic gift cards and to receive offers and promotions from Retailers based upon their interests
2.2 The provision of the Services by Pollenizer, and the use of the Pollenizer website and mobile applications by or on behalf of the Customer, are subject to these TOU and the Pollenizer
3. Use of Services
Without limitation, the Customer undertakes:
- (a) to only use the Services and the Pollenizer website and mobile applications (as the case
may be) for personal use; and
- (b) not to use (or procure or assist anyone else to use) the Services or the Pollenizer
website or mobile applications:
- (i) in breach of any Laws;(ii) to send or receive any material which is grossly offensive, of an indecent,
obscene or menacing character, blasphemous or defamatory of any
person, in contempt of court or in breach of confidence, copyright, rights of
personality, publicity or privacy or any other third party rights;(iii) to cause annoyance, inconvenience or needless anxiety;
(iv) to intercept or attempt to intercept any communications transmitted by way of
a telecommunications system;
(v) other than in conformance with accepted Internet practices and practices of
any connected networks;
(vi) in any way which is calculated to incite hatred against any ethnic, religious
or any other minority or is otherwise calculated to adversely affect any
individual, group or entity;
(vii) for commercial purposes or for resale or resupply of the Services or the
Retailer’s services or goods without the prior written consent of Pollenizer or the
(viii) for furnishing false data including but not limited to false names, addresses
and contact details and fraudulent use of credit or debit cards;
(ix) to attempt to circumvent Pollenizer’s security or network including, but not limited
to, accessing data not intended for the Customer, logging into a server or
account the Customer is not expressly authorised to access, or probing the
security of other networks (such as running a SATAN scan or similar tool);
(x) for executing any form of network monitoring which will intercept data not
intended for the Customer;
(xi) for sending unsolicited mail messages, including the sending of “junk mail” or
other advertising material to individuals who did not specifically request such
(xii) for creating or forwarding “chain letters” or other “pyramid schemes” of any
type, whether or not the recipient wishes to receive such mailings;
(xiii) for malicious e-mail, including, but not limited to, “mail-bombing” (flooding a
user or site with very large or numerous pieces of e-mails);
(xiv) for entering into fraudulent transactions with a Retailer (including but not
limited to transactions purportedly entered into on behalf of a third party
where the Customer has no authority to bind that third party or pretending to
be a third party); or
(xv) for unauthorised use, or forging, of mail header information.
4. Your Information
4.1 The Customer represents and warrants that all information provided by (or on behalf of) the Customer to Pollenizer is true, accurate and complete. The Customer must promptly inform
Pollenizer of any changes to such information.
4.2 The Customer acknowledges and agrees that Pollenizer may collect the Customer’s personal information and use and disclose such information (including, without limitation, to Retailers)
4.3 Except with respect to the Customer’s personal information, the Customer grants Pollenizer a
royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate,
publish and distribute all of the information and other material transmitted by the Customer
using the Services, including the Intellectual Property Rights in such information.