Greener for Business
Terms and Conditions

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

• We may amend these Terms, the features of the Platform or your Membership at any time, by providing written notice to you;
• Unless your Membership is suspended or terminated in accordance with these Terms, your Membership will roll over on an ongoing basis;
• We will handle your personal information in accordance with our privacy policy, available at www.getgreener.com/privacy-policy;
• Our liability under these Terms is limited to $1,000, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data; and
• We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.

Nothing in these terms limit your rights under the Australian Consumer Law.

Disclaimers

Please note that our Platform and the content contained on our Platform (including any tools, information, insights or resources made available to you) (Content) is provided for general information purposes only, and on an “as is” basis. The Content does not constitute advice of any nature including legal, financial or tax advice. The Content is intended only to provide general and factual information on improving your financial position, and you must not use the Content on the basis that it is a recommendation or opinion about any financial product or service. Whilst we use reasonable endeavours to keep the information up to date, we make no representation that any information provided is accurate or up-to-date and we do not guarantee that any information or content featured on our Platform is more suitable than options or businesses not featured on our Platform. If you choose to make use of our Content, you do so at your own risk. To the extent permitted by law, we do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the Content provided in our Platform. It is your sole responsibility to determine the suitability, reliability and usefulness of our Platform and our Content. We recommend you seek advice from a licensed professional.

• These terms and conditions (Terms) are entered into between Greenr Global Pty Ltd ABN 70 644 562 014 (we, us or our) and you, together the Parties and each a Party.
• We provide a cloud-based, software as a service platform where businesses can review insights about their sustainability performance, take action to become greener, and attract customers interested in supporting greener businesses and or reducing their carbon footprint (Platform).
• In these Terms, you means the person or entity registered with us as an Account holder.
• If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

• You accept these Terms by checking the box, clicking “I accept”, registering on the Platform, or using the Platform.
• You must be at least 16 years old to use the Platform.
• We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate your Membership in accordance with the “Cancellation of Memberships” clause.
• Subject to your compliance with these Terms, we grant you and your Authorised Users a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
• When using the Platform, you must not (and you must ensure that your Authorised Users must not) do or attempt to do anything that is unlawful or inappropriate, including:
  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  • using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
  • tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
  • using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
  • facilitating or assisting a third party to do any of the above acts.

• In consideration for your payment of the Fees, we agree to provide you with access to the Platform, the support services as detailed in this section, and any other services we agree to provide as set out in your Account.
• By using the Platform, you may create a profile and list your business on the Greener App (App), and access resources to assist your business achieve its sustainability goals. You acknowledge and agree that your use of the App is subject to separate terms and conditions.
• Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via the help desk or via email. We will endeavour to respond to any support requests in a reasonable period.
• You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, CRM systems, and internet providers (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
• You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
• To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
• You grant us the right to share your logo on the Platform, provided the use of the logo is limited to statements of fact. You shall have the right to revoke permission for such use of the logo at any time. You acknowledge and agree that we may share on the Platform which features you have interacted with or taken action on by placing your logo next to that action. If you do not want your logo attached to a particular action, you must let us know using the contact details included below.

• You must register on the Platform and create an account (Account) to access the Platform’s features.
• You must provide basic information when registering for an Account including your business name, contact name and email address and you must choose a password.
• All personal information you provide to us will be treated in accordance with our Privacy Policy.
• While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):
  • keep your information up-to-date (and ensure it remains true, accurate and complete);
  • keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
  • notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
• You will be liable for all activity on your Account, including purchases made using your Account details.

You may invite other users to access and use the Platform under your Account (Authorised Users). You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using our Platform. Any limitations on the number of Authorised Users you can have will be set out in your Account or on our Platform.

Your Membership with us is currently not subject to a membership fee. We reserve the right in the future to charge the membership fees as set out on the Platform (Fees) for use of the Platform.

• You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us. For the avoidance of doubt, Our Intellectual Property includes all aggregated data that we obtain on or via the Greener app and published on the Platform. We authorise you to use Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.
• You must not, without our prior written consent:
  • copy, in whole or in part, any of Our Intellectual Property;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
  • breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
• This clause will survive the termination or expiry of your Membership.

You agree that:

• all Intellectual Property Rights in any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly or indirectly, in connection with the Platform (Feedback), will at all times vest, or remain vested, in us; and
• we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.

• You own all data, information or content you upload into the Platform (Your Data).
• You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data to:
  • communicate with you (including to send you information we believe may be of interest to you);
  • supply the Platform to you and your Authorised Users, and otherwise perform our obligations under these Terms;
  • share Your Data with third parties such as Accurassi, for those third parties to provide their services to you;
  • diagnose problems with the Platform;
  • enhance and otherwise modify the Platform;
  • perform Analytics;
  • develop other services, provided we de-identify Your Data; and
  • as reasonably required to perform our obligations under these Terms.
• You agree that you are solely responsible for all of Your Data that you make available on or through the Platform. You represent and warrant that:
  • you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
  • neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information. You agree that we may make such Analytics publicly available, provided that it: (a) does not contain identifying information; and (b) is not compiled using a sample size small enough to make the underlying personal information you provide identifiable. We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.
• We do not endorse or approve, and are not responsible for, any of Your Data.
• You acknowledge and agree that the Platform is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Platform.
• This clause will survive the termination or expiry of your Membership.

• We may offer you the opportunity to participate in referral promotion (“Refer and Earn”) to encourage more Australian businesses to reduce emissions by signing up to Greener for Business and taking recommended actions within the platform.
• Participating in a Refer and Earn promotion (either by referring your friends, family, suppliers or business network to sign up or take action with a referral link or code) can be a great way to earn exclusive benefits by referring other new businesses to sign up and complete actions within the Greener for Business platform (“Referral Benefits”).
• Earning Referral Benefits: Subject to these Terms, you (“the Referrer”) will earn Referral Benefits if:
  • a referred person clicks on the unique referral link provided to you; and
  • completes a Qualifying Action (as defined in the “referral invitation”) (“Referral Process”).
• Referral Benefits cannot be earned:
  • if you are not an Australian resident or Australian-based business;
  • for existing Greener for Business accounts (unless otherwise specified in the referral invitation); or
  • for any new employees added to an existing Greener for Business account; or
  • applied retrospectively after a new Greener for Business account has been created if the referral link has not been used; or
  • for any Qualifying Action completed by the referrers own business and/or own employees (unless otherwise specified in the referral invitation).
• A “Qualifying Action” includes both:
  • the creation of a new Greener for Business Account; and
  • a completed Qualifying Greener for Business Offer Redemption.
    
    Claims that don’t include both of the above elements of a Qualifying Action will not be accepted by us, or will claims that do not follow the Referral Process.
• A Qualifying Greener for Business Offer Redemption as indicated in the referral invitation, accompanying promotional materials, Greener for Business website, or Greener mobile application includes:
  • uptake of the advertised Greener Supplier product or service, as identified on the Greener for Business Platform from time to time; and
  • must be redeemed via the Greener for Business Platform.
• A Greener for Business Offer Redemption will not be considered a Qualifying Action if:
  • the Referred Member redeems the offer directly with the supplier and not via the Greener for Business platform;
  • the Referred Member is an existing user of the supplier product and/or service being promoted; or
  • the Referred Member redeems the offer and subsequently cancels inside 30 days of redemption.
• Referral Benefits: Once earned, the Referrer will be awarded the Referral Benefit as outlined in the referral invitation for each new qualifying Greener for Business Member no later than 60 days after the Referral Process has been successfully completed by you. The Referral Benefit will be awarded in the form of a prepaid Mastercard (“Prepaid Card”) issued via Card.Gift. The maximum value awarded for each Referral on completion of a Qualifying Action will be $AUD50. Greener reserves the right to combine the total Referral Benefits earned, and issue one Prepaid Card for the total value earned.
• Third Parties: Referral Benefits are subject to the Card.Gift Terms and Conditions and Prepaid Mastercard Terms and Conditions viewable at https://card.gift/page/terms-and-conditions. Greener is not responsible if a Prepaid Card is lost, stolen, destroyed, or used without permission; and Referral Benefits cannot be redeemed for cash.
• Sharing Referral Links: Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (including but not limited to coupon websites such as OzBargain) or on social media or blogs.
• Limitations: You are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. You are prohibited from paying to advertise their referral links, including paid social media advertisements. We reserve the right to prohibit any specific referral mechanism being used to promote the Refer a Friend Program.
• Prohibition on hate speech: You agree that any referral made by you will be done without use of i-frames, bots, or any other method of automated distribution. You agree that you will comply with all applicable laws and regulations, including without limitation those related to the Spam Act 2003 (Cth) and the Privacy Act 1998 (Cth). Any referral content used by you in association with the Referral Process must not include inappropriate content, such as hate speech, pornography, violence, or other similar content that we determine in our sole and absolute discretion could negatively impact our goodwill or reputation. We reserve the right to remove you from participating in this promotion if we determine in our sole discretion that you have violated any of these restrictions, and at such time you will forfeit all Referral Benefits.
• Multiple Referrals: A referred business may only use one referral link. If a referred business receives multiple referral links, only the Referrer associated with the final click through used to create the new Greener for Business Account and/or complete the Qualifying Action in Greener for Business will receive the Referral Benefit.
• Termination and Changes: We may suspend or terminate the Refer and Earn or a user’s ability to participate in it at any time for any reason.
• Updates to the Terms: We reserve the right to update the referral program at any time without prior notice. If we modify these referral program, we will post the modification on the Greener for Business website, applications, or services, which are effective upon posting. Continued participation in any referral program after any modification shall constitute consent to such modification.
• Costs and Tax Implications: You acknowledge and agree that you are solely responsible for any costs associated with claiming the Referral Benefit, including, but not limited to, any applicable taxes or charges.
• Liability: We make every effort to ensure the referral tracking system is accurate but are not responsible if a referral link is disrupted due to your, the Referred Customer’s or a third party’s actions or failure to act, including without limitation, failing to complete sign-up and subsequently undertaking the Qualifying Action directly without using the Unique Referral Link, changing computers or devices, or any another mechanism that potentially could disrupt the operation of the referral tracking technology.

• You represent, warrant and agree that:
  • you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
  • there are no legal restrictions preventing you from entering into these Terms;
  • all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  • all information and documentation that you provide to us in in the Greener for Business platform is true, correct, and complete, including but not limited to your responses to questions, company details provided, actions you flag as complete, verification information you upload, and any eligibility information or confirmation you provide, in particular that your business does not practice any of the activities identified in the portal during the eligibility check; and
  • you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.

• Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
• If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
• Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
• This clause will survive the termination or expiry of your Membership.

• Despite anything to the contrary, to the maximum extent permitted by law:
  • neither Party will be liable for Consequential Loss;
  • each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel (including a Party’s Authorised Users where applicable), including any failure by that Party to mitigate its losses; and
  • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to $1,000.
• This clause will survive the termination or expiry of your Membership.

• Cancellation of Memberships: You may request to cancel your Membership at any time by notifying us via email. Should you cancel your Membership with us, you will continue to have an Account with us, should you seek to reactivate your Membership in the future.
• A Membership will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
  • the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
  • the Defaulting Party is unable to pay its debts as they fall due.
• Should we suspect that you or your Authorised Users are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.
• Upon expiry or termination of your Membership:
  • we will remove your and your Authorised Users’ access to the Platform;
  • you agree that other than where termination is due to our breach of these Terms, and to the maximum extent permitted by law, any payments made by you to us (including any Fees) are not refundable to you;
  • where we terminate your Membership for any reason, you also agree to pay us our reasonable additional costs directly arising from such termination; and
  • your profile on the App will remain publicly available unless you request that it is removed and deleted.
• Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.
• Termination of a Membership will not affect any rights or liabilities that a Party has accrued under these Terms.
• This clause will survive the termination or expiry of your Membership.

• Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
• Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
• Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
• Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
• Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
• Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
• Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
• Publicity: With your prior written consent, you agree that we may advertise or publicise the fact that you are a user of our Platform, including on our website or in our promotional material.
• Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
• Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

• Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
• Intellectual Property means copyright, registered or unregistered designs, patents or trademarks, any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
• Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
• Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.