Platform Terms and Conditions
1. Agreement
1.1 These Terms, together with our Privacy Policy, apply to your use of Beny Pty Ltd ACN 645 172 872 (“we, “us” or “our”) Platform.
1.2 The Platform provides an easy way for you, or your Authorised Users and Invitees (together, “you” or “your”), to access exclusive health and wellbeing offers, from a range of external service providers, to help support and encourage the wellbeing of employees. Our Services to you include providing access to the Platform to assist you in viewing, comparing and considering these exclusive offers.
1.3 By using the Platform, you agree and acknowledge that you have read these Terms. You are deemed to have agreed to, and accepted, these Terms on behalf of any entity for who you use the Platform, whether as an Authorised User, Invitee or otherwise.
2. Definitions and Interpretation
2.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:
“Application” means the Beny mobile application available on the iOS App Store and Google Play store;
“Beny IP” is defined in clause 8.1;
“Authorised User” means your employees, agents and contractors or Invitees who are authorised by you to use the Platform.
“Business Day” means a day other than a weekend or public or bank holiday in Victoria, Australia;
“Commencement Date” means the date that you register to use the Platform;
“Developed IP” is defined in clause 8.2;
“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable) including but not limited to all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
“Invitee” means a person that you invite to use the Platform in accordance with clause 3.3, who may also be considered an Authorised User;
“Platform” means the platform currently hosted on the website located at https://hello.beny.com.au and mobile Application or any other website, platform, or application nominated by us from time to time, and any associated services, software, networks or processes.
“Privacy Laws” means the Privacy Act 1988 (Cth), and any other applicable Australian privacy legislation;
“Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Platform;
“Related Bodies Corporate” has the meaning given in the Corporations Act 2001 (Cth);
“Services” refers to making the Platform available and any associated services we provide pursuant to these Terms;
“Terms” means these terms and conditions, under which we provide access to the Services and Platform, as amended by us from time to time;
“you” or “your” means the person or entity that accesses, or has registered to use the Platform, including without limitation any Authorised Users, or Invitees (as applicable).
3. Accounts and Authorised Users
3.1 To access all our Services, you must register for an account in accordance with clause 4.3 below. To be clear, either you or an Authorised User must register an account on your behalf, and any conditions set out in this clause 0 and these Terms will apply to the primary beneficiary of the account, any Authorised Users and any Invitees (as defined below).
3.2 If you register for an account in accordance with clause 4.3 and your registration is accepted by us, you will have access to all the Services and will be able to:
(a) Download the Platform;
(b) Change and update your account details;
(c) Add, and remove, Authorised Users and Invitees; and
(d) Access and compare exclusive health and wellbeing offers.
3.3 You determine who may use the Services and Platform as an Authorised User. We will provide you with a link to share with any unregistered user, inviting them to register to access the Services and Platform in connection with your account (“Invitee”).
3.4 After an Invitee has subscribed to use the Platform, they become an Authorised User. You may revoke access of an Authorised User at any time and for any reason or amend their level of access (as applicable).
3.5 You are solely responsible for each Authorised Users use of the Platform and compliance with these Terms.
4. Accessing the Platform
4.1 You must be 18 years of age or older to create an account or access the Services or Platform. You must not add an Invitee or Authorised User if they are under the age of 18 years old.
4.2 You are responsible for creating and maintaining your account.
4.3 To access certain parts of the Services or Platform, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.
4.4 You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.
4.5 You agree that you have sole responsibility for any activity that occurs on your account, including without limitation any activity of Invitees. You must keep your account details accurate, up to date, and secure your password as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.
4.6 We reserve the right to decline your registration request if you do not pass our verification process.
4.7 You must ensure that your access to, and use of, the Services or Platform is not illegal or otherwise prohibited by laws that apply in your jurisdiction.
4.8 We may, in our absolute discretion, terminate, suspend or delete your account or restrict your access to the Services or Platform for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
5. Use of the Platform
5.1 You will not:
(a) modify the Platform or merge any aspect of the Platform with another programme other than as expressly provided under these Terms;
(b) record, reverse engineer, copy, duplicate, reproduce, create derivate works from, frame, download, display, transmit or distribute any of the Platform, the source code of the Platform or any documents, manuals or setup instructions provided with the Platform;
(c) licence, sell, rent, lease, transfer, assign or otherwise commercially exploit the Platform;
(d) engage in unlawful behaviour, including unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
(e) access, store, distribute or transmit:
(i) viruses, worm, trojan or other malicious code that corrupts, degrades or disrupts the operation of the Platform;
(ii) material that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party;
(iii) material that facilitates illegal activity; or
(iv) material that abuses or causes damage or injury to any person or property;
(f) provide Platform login details or passwords, or otherwise provide access to the Platform, to any unauthorised third party and you will take all reasonable steps to prevent unauthorised access to, or use of, the Platform;
(g) share any features of the Platform that are not publicly available with any unauthorised third party; and
(h) engage in any conduct on the Platform that is in breach of these Terms (or any agreements mentioned therein).
5.2 All rights granted to you under these Terms must not be leased, assigned, sold, licensed, resold or transferred to any third party in any manner whatsoever. You must not in any way encumber or allow the creation of any mortgage, charge, lien or other security interest in respect of the Platform.
5.3 Any breach of this clause 0 constitutes a breach of these Terms and we may, at our absolute discretion, terminate or suspend your access to, and/or use of, the Platform, and/or take further actions against you for breach of these Terms.
6. Your obligations
6.1 While using the Services and Platform or you must not:
(a) misuse any part of the Platform by introducing viruses, trojans or other material that is malicious or technologically harmful;
(b) attempt to gain unauthorised access to any part of the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform;
(c) engage in any activity that interferes with or disrupts the Services or Platform;
(d) attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or Platform or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Platform;
(e) engage in any abusive, derogatory, threatening, harmful, vulgar, profane, obscene, violent or ethically objectionable behaviour;
(f) advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap; or
(g) breach any other person’s personal information, privacy or publicity rights, or breach a duty or obligation of confidence.
6.2 You acknowledge that our ability to be able to provide the Services or Platform to you without delay or interruption is dependent on your full and timely cooperation. You will:
(a) co-operate with and assist us in the supply of the Services or Platform ;
(b) promptly provide us with full and accurate information, data and explanations as and when required, including without limitation with respect to Registration Data;
(c) comply with all applicable laws, regulations and industry standards with respect to your activities and obligations under these Terms;
(d) ensure that your network and systems comply with the relevant specifications and guidelines provided by us from time to time; and
(e) comply with all reasonable directions and guidelines from us as advised from time to time.
6.3 You must procure all necessary rights from third parties, which are from time to time required in order for us to be able to provide the Platform or Services, to you.
6.4 We may contact you by email or provide you with information by posting notices on the Platform. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.
6.5 It is your responsibility to ensure that any written communications we send to you set out the correct information in relation to your business and that you notify us of any changes to this information.
6.6 The Platform may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Platform, or external websites that advertise our Services or Platform, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.
6.7 You must take precautions to ensure that when accessing the Services or Platform, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Services or Platform.
6.8 If you fail to comply with these Terms, we may, in our absolute discretion and without liability:
(a) immediately, temporarily or permanently withdraw your right to access and use the Services and the Platform (including deletion of your account);
(b) take any other legal action against you; or
(c) refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
7. How much do we charge for the Services?
7.1 Unless otherwise notified by us, you may access the Platform with no charges applied.
8. How does Beny make money?
8.1 Beny has a commercial relationship with product & service providers and may receive a commission, referral, fee or payment from a provider when you click on a link to a product. This payment structure may include a combination of:
(a) Cost per Click (CPC) for click referred from the Beny App to a product provider;
(b) Cost per Application (CPA) for completed applications that resulted from clicks referred from the Beny App to a product provider;
(c) Cost per Approved Application (CPAA) for completed approved applications that resulted from clicks referred from the Beny App to a product provider;
(d) Cost per Lead (CPL) for enquiries referred to a product provider or where enquiries result from referred clicks from the Beny App to a product provider;
(e) Cost per Issued Product (CPP) – for a successful sale that resulted from referred clicks or enquires from the Beny App to a product provider, broker or other third party; or
(f) Commission share on referrals to third party advice providers (mortgage/finance/insurance broker, financial adviser, financial institution, utilities provider or any other third party). Income could be an upfront commission and/or ongoing commission. The commission depends on the amount of the finance, cost of the product or other factors and may vary from product to product.
(g) Advertising fees from product providers for product advertisements through emails, sponsored content or placement on the Beny App are based on Cost per Impression, Cost per Click, Cost per Application, Cost per Approved Application, Cost per Lead, Cost per Funded, Fixed Sponsorship/Advertising fee or a combination.
9. Important Information
9.1 The information and products contained on the Beny App do not constitute recommendations or suggestions to purchase or apply for any particular product. Any advice provided on this website is of a general nature and does not take into account your objectives, financial situation or needs. Products included on the app site may not suit your personal objectives, financial situation or needs. Beny is not a product issuer or a credit provider and does not provide personal financial advice or credit assistance.
9.2 If Beny refers you to a provider, you will be dealing with that provider directly and not with us. Beny accepts no liability in respect to any financial or credit product which you elect to acquire from any provider.
9.3 By providing you with the ability to apply for an insurance quote or a credit facility we are not guaranteeing that your application will be approved. Your application is subject to the Provider’s terms, conditions and criteria.
9.4 Please consider whether it is appropriate for your circumstances, before making a decision to purchase or apply for any product. If you are considering acquiring any financial product you should obtain and read the relevant Product Disclosure Statement or other offer document prior to making an investment decision.
9.5 We endeavour to provide you with up to date and accurate information, however, on some occasions the Beny App may have some product changes that have not been reflected due to the large volume of products we offer and our reliance on product providers. Beny will not accept liability for incorrect information. You should confirm any information with the product provider and read the information they provide.
10. Intellectual Property
10.1 All rights, title or interest in and to the Services or Platform, and any information or technology that may be provided to, or accessed by, you in connection with your use of the above is owned, and will remain owned, by us or our licensors (“Beny IP”). Using the Platform does not transfer any ownership or rights, title or interest in and to the Beny IP.
10.2 All Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Platform or Services will automatically vest in, and are assigned to, us, including any enhancements, improvements and modifications to the Beny IP (collectively, the “Developed IP”).
10.3 You must not represent to anyone or in any manner whatsoever that you are the proprietor of any Beny IP.
10.4 You retain ownership rights to data and content that you provide to us whether in the form of Registration Data or otherwise. You grant us a worldwide, perpetual, irrevocable, non-exclusive and royalty free license to access and use the Registration Data for the purpose of performing our obligations under these Terms, and for making improvements to our Services or Platform as detailed in our Privacy Policy (https://Beny.com/privacy-policy)
10.5 You agree that we may refer to you, your business name, publish your logo and/or trade marks (if any) and refer to you as a customer of ours in any communications or publications for the purposes of marketing or promoting our business. You may revoke this consent at any time by writing to us at tom.brown@beny.com.au.
11. Warranties
11.1 We will use reasonable endeavours to provide constant, uninterrupted access to the Platform, but with any software-based product, this cannot be guaranteed. We will not be responsible or liable for any direct or indirect losses or damages suffered or sustained by you as a result of, or in connection with, any interruption or delay in accessing and using the Platform.
11.2 To the maximum extent permitted by law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Platform provided hereunder is given or assumed by us other than as required at law. You acknowledge and agree that the Platform is provided on ‘as is’ basis and that you will make your own investigations into whether or not the is fit for your purposes.
11.3 We make no representations, warranties or guarantees:
(a) that content available on, or produced by or via, the Platform is accurate, complete, reliable, current, error-free or suitable for any particular purpose. This content is provided on an ‘as is’ basis and you acknowledge and agree that you exercise absolute discretion in choosing how to use this content; or
(b) as to the availability of the Platform or that the Platform is or will be free from viruses, worm, trojan or other malicious code. You are responsible for taking your own precautions in this respect.
12. Liability and Exclusions
12.1 You assume sole responsibility for your use of the Platform (including any content contained therein) and for any reliance on, and use of, conclusions drawn from such use.
12.2 We will have no liability for any losses suffered or any damage caused by errors or omissions in any information or instructions provided to us by you in connection with the Platform or any actions taken by us at your direction.
12.3 To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Services or Platform or on any website linked to these. We recommend you ensure you have up-to-date virus checking software installed.
12.4 To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to your dealings with any third parties you interact with as a result of accessing our Services or Platform. You should address such complaints directly with those third parties.
12.5 In no event will we be liable to you or any third party for any:
(a) loss of profits, revenue, goodwill or business, business interruption, corruption, loss or alteration of data, downtime costs, loss of use, failure to realise anticipated savings or for any indirect or consequential loss or damage of whatsoever nature, however caused;
(b) breach by you or any third party of the Intellectual Property Rights of a third party or any laws, regulations or any relevant industry codes;
(c) viruses, worm, trojan or other malicious code introduced into, or transmitted to, you or any third party during the course of using the Platform; or
(d) loss of or damage to any property belonging to you or any third party or any personal injury or death arising out of or in connection with these Terms.
12.6 Our total liability to you or any third party (whether based on warranty, contract, tort, statute, misrepresentation or otherwise) arising out of, or in connection with, these Terms, for any one event or a series of related events, will be limited to AUD $100.
12.7 The parties acknowledge that the limitations of liability contained in this clause 0 are a fair and reasonable allocation of the commercial risk between the parties.
12.8 This clause 0 survives termination or expiry of these Terms.
13. Indemnity
13.1 To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Services and Platform.
13.2 You agree to indemnify and hold us, our Related Bodies Corporate and our officers, directors, employees and contractors (collectively, the “Indemnified”) harmless from and against any and all claims, actions, demands, proceedings, liabilities, losses, damages, expenses and costs that may be brought against the Indemnified or which the Indemnified must pay, sustain or incur as a direct or indirect result of or arising out of:
(a) breach by you of any of your obligations under these Terms;
(b) loss of, or damage to, any property belonging to you or any third party or any personal injury or death arising out of or in connection with these Terms;
(c) breach of any third party’s Intellectual Property Rights; or
(d) breach by you of any law (including Privacy Laws).
13.3 This clause 0 survives termination or expiry of these Terms.
14. Confidentiality
14.1 Each party agrees not to use or disclose confidential information received or disclosed to it by the other party in the negotiation or operation of these Terms, save for such use or disclosure necessary and required to perform their respective obligations under these Terms. Disclosure will be, in any event, only made to the receiving party's employees, officers, agents or contractors to whom it is necessary to do so and who are directly involved in performing the receiving party's obligations.
14.2 In making disclosure to persons as permitted under this clause, the receiving party will ensure that persons receiving the disclosing party’s confidential information will comply with the same obligations regarding confidentiality as that of the receiving party.
14.3 Information is not to be regarded as confidential, and the receiving party will have no obligation regarding confidentiality, where that information is already in the public domain or enters the public domain through no fault of the receiving party, is received from a third party without any obligations of confidentiality, is used or disclosed with the prior written consent of the disclosing party, is disclosed in compliance with a legal requirement or is independently developed by the receiving party.
14.4 Any confidential information held by a receiving party will be returned to the disclosing party or destroyed at the written request of the disclosing party.
15. Privacy
15.1 You must, in connection with these Terms:
(a) ensure that you and your employees, contractors and agents are aware of your obligations under all applicable Privacy Laws;
(b) at all times comply with your obligations under applicable Privacy Laws; and
(c) take reasonable steps to assist us to comply with our obligations under applicable Privacy Laws as may be notified to you from time to time.
15.2 We are committed to protecting your privacy and personal information. Please see our Privacy Policy (https://hello.beny.com.au/privacy-policy) for further details about our practices relating to the collection, use, disclosure and storage of your personal information.
16. Term and Termination
16.1 These Terms will commence when you create an account through which to access the Platform or Services, or when you otherwise access our Platform.
16.2 These Terms will continue in force until they are terminated in accordance with this clause.
16.3 You may terminate these Terms without cause at any time by providing us with 14 days written notice.
16.4 In addition to the rights outlined under clause 4.8, we may terminate these Terms, or terminate or suspend your access to the Services, or Platform in our absolute discretion, and without providing notice to you, including without limitation where:
(a) it transpires that you have provided false or misleading information to us, or on the Platform, including without limitation in respect of Registration Data;
(b) you fail to pay any fees or charges payable (if applicable) by you on time or at all.
16.5 On termination of the Terms, we will endeavour to delete any Registration Data you have provided to us within 14 days.
17. Support Services
17.1 We may, at our absolute discretion, provide you support in relation to your use of the Platform.
17.2 You may access support services via the “Support” link provided on the Application and the Website.
17.3 We will endeavour to provide support, via the “Support” link, on Business Days during Business Hours, however this cannot be guaranteed.
18. Situations or events outside our reasonable control
18.1 There are certain situations or events that may occur which will not be within our reasonable control. Where this occurs, we will notify you of these circumstances and attempt to recommence providing the Platform as soon as we are able. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue providing the Platform.
19. Linking to the Platform
19.1 You may link to the Services or Platform, provided that you notify us of this, and also establish the link in a way that is fair, legal and does not damage, or take advantage of our reputation or any third parties. You must not establish any link in a way that suggests any form of association, approval or endorsement by us where none exists.
19.2 You must not establish a link to the Services or Platform from any website that is not owned by you (except with the website owner’s express permission).
19.3 The Services or Platform must not be framed on any other website or platform without our written consent.
19.4 We reserve the right to withdraw linking permission under this clause 0 by updating these Terms.
20. Notices
20.1 Any notice required to be given pursuant to these Terms will, unless otherwise stated, be in writing and be sent to the other party at the email address specified in these Terms (or to such other address as either party may from time to time notify the other in accordance with this clause).
20.2 A notice given under clause 20.1 will be deemed to have been delivered 24 hours after the email is sent.
21. General
21.1 We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Platform.
21.2 The provisions of these Terms that are capable of having effect after the termination or expiry of these Terms will remain in full force and effect following the termination or expiry of these Terms.
21.3 You must not, without our prior written consent (which will not be unreasonably withheld), assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.
21.4 If either party chooses to waive or ignore a breach of these Terms, this will not prevent that party from taking action in respect of the same type of breach at a future date.
21.5 Nothing in these Terms is intended to create or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in these Terms. Neither we nor you will have, nor represent that it has, any authority to make any commitments of this kind on the other party's behalf.
21.6 These Terms, and the relationship between the parties contemplated by it, is not intended to be exclusive.
21.7 If any provision of these Terms is held invalid or unenforceable, such provision will be deemed deleted from these Terms and replaced by a valid and enforceable provision which so far as possible achieves the parties' intent in agreeing to the original provision. The remaining provisions of these Terms will continue in full force and effect.
21.8 These Terms is governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
21.9 These Terms may be executed electronically and in any number of counterparts. All counterparts together will be taken to constitute one instrument.
21.10 These Terms constitutes the entire agreement between the parties in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.
