Business Terms & Conditions
Last updated: 05/08/2016
1. Acceptance of Terms
airBux is a CSB Engage property (ABN: 11 169 438 957). CSB Engage (CSB) is the owner and operator of www.airbux.co and the airBux advertising and currency platform (the Platform). These Terms & Conditions for use of the Platform are the agreement between you, “Merchant” (“Client”, “you”, “your” or the “Customer”) and CSB Engage Pty Ltd (“CSB”, “we”, “our” or “us”). These Terms & Conditions apply whenever you access the Platform, regardless of how you access the Platform. We reserve the right to update these Terms and Conditions from time to time without notice.
“airBux” is an innovative marketing platform that allows Retailers to advertise, promote and communicate to consumers in real time via mobile smartphone. See the product website for full details: www.airBux.com
“Registration” is the process of creating a airBux Merchant Account.
“Registration Data” is the information that is collected during the process of “Registration”, e.g. business registered name, website, store name, location co-ordinates, contact name, phone number, etc.
“Merchant Account” is a secure online portal that enables Merchants to manage airBux adverts, vouchers and other business information.
“Service” is the system through which Merchants post, publish, interact with customers, promote goods or services, offer exchange of goods or services, reward airBux member users for their interaction with the Merchant’s brand via the airBux application platform, or interact in any other way through the airBux Platform.
“Merchant Account” is a secure online portal that enables Merchants to manage airBux adverts, vouchers and other business information.
“Post” refers to the placement of an advert on airBux.
“Content” is Posts and any other data, images and other material associated with a Post.
“Refresh” refers to the repost of an existing promotion currently live.
“Push Notification” is an instant message sent to mobile devices with airBux installed and “opted-in” to Push Notifications.
3. Merchant Registration Obligations
You represent that you are of legal age to form a binding contract. You also agree to:
- Provide true and accurate information about yourself in the Registration process.
- Maintain and promptly update the Registration Data to keep it true and accurate.
If you provide any information that is untrue or inaccurate or CSB has reasonable grounds to suspect that such information is untrue or inaccurate, CSB has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
4. Merchant Account and Security
In order to use the Service you must register. This allows your business(es) to be properly located, phone numbers to be made available and CSB to confirm you details provided as registration are correct. We reserve the right to decline a new Registration or to cancel an existing Registration at any time.
During the Registration process you will choose a username and password. You must keep the password confidential and immediately notify CSB if any third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security.
You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using the Service. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
CSB cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. Merchant Conduct
You agree to not use the Service to:
- Make available any content to direct users to websites or online resources as opposed to physical retail locations. airBux is designed for the communication of in-store promotions, and not for the provision of advertising websites.
- Make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- Harm minors in any way.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Make available content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- To cause annoyance, inconvenience or anxiety.
- Commit any act other than that which we have designed and intended the platform to be used.
- Commit fraud of any kind.
Furthermore, you may not (or permit anyone else to do) any of the following:
- Resell the Service (without written permission from CSB).
- Provide false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers.
- Attempt to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks.
- Access the Service in such a way as to, or commit any act that would or does, impose an unreasonable or large load on CSB infrastructure.
- Execute any form of network monitoring which will intercept data not intended for you.
You acknowledge, consent and agree that CSB may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access is reasonably necessary to:
- Comply with legal process.
- Enforce the Terms & Conditions.
- Respond to claims that any Content violates the rights of third parties.
- Respond to your requests for customer service.
- Protect the rights, property or personal safety of Service users and the public.
You will not use this site for any purpose or in any way which is unlawful. These Terms & Conditions shall be governed by and interpreted in accordance with the laws of New South Wales.
6. Merchant Responsibilities
It is the Merchant’s responsibility to ensure correct Post details like expiry dates and details of promotions.
As a Merchant, you may have your own applicable Terms and Conditions, in relation to your supply of goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours. If you wish to make public these terms and conditions provision is made for you to do so within your Merchant Account and will appear on airBux associated with each Post.
The Merchant agrees to display the appropriate airBux Membership decals in a prominent position at the Merchant premises.
7. Data provided to CSB
CSB relies on the data supplied during registration and Post placing process for use in the Service. No responsibility is taken for information provided that is incorrect or inaccurate including geo-location data.
This Platform may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Platform should be construed as granting any licence or right for you to use that content. This Platform may include links to third party sites which are not related to CSB and in relation to which CSB has no control or interest. The appearance of those links on this site does not indicate any relationship between CSB and that third party or any endorsement by CSB of that third party, its site or the products or services which it is advertising on this Platform.
If you use (or anyone other than you with your permission uses) the Service in contravention of these Terms and Conditions, we may suspend your use of the Service. You agree that CSB may, under certain circumstances and without prior notice, immediately terminate your Merchant account and access to the Service.
Cause for such termination shall include, but not be limited to breaches or violations of the Terms and Conditions, requests by law enforcement or other government agencies, a request by you, non-payment of any fees owed by you in connection with the Services.
You agree that all terminations for cause shall be made in CSB’s sole discretion and that CSB shall not be liable to you or any third party for any termination of your account.
You shall indemnify us against each loss, liability or cost incurred by us arising out of any claims or legal proceedings, which are brought or threatened against us by any person arising from:
- Your use of the Service.
- The use or attempted use of a Post.
- The use of the Service via your password.
- Any breach of this Agreement by you.
We assume no responsibility for monitoring the Platform for inappropriate Content or conduct. If at any time CSB chooses, in its sole discretion, to monitor the Service, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for your use of the Service and the Content that you post on or through the Service.
11. Limitation of liability
Subject to applicable law, you expressly understand and agree that CSB and its holding companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:
- The use or the inability to use the Service
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service unauthorized access to or alteration of your transmissions or data statements or conduct of any third party on the Service; or any other matter relating to the Service.
CSB does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) which cannot be excluded, restricted or modified; however, CSB excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Platform whether based in statute, common law or otherwise to the extent permitted by law.
To the fullest extent possible and subject to CSB’s liabilities and obligations under the ACL:
- CSB does not warrant the accuracy of the content that you access through this Platform. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content that you access through this Platform may be changed at CSB’s sole discretion and without notice.
- CSB will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Platform. CSB does not warrant that functions of this Platform or which you access through this Platform, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that CSB or the server that makes it available, are free of viruses or bugs.
- You indemnify CSB and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs from your use of this Platform.
You expressly understand and agree that Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. CSB and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
CSB and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:
- the Service will meet your requirements;
- the Service will be uninterrupted, timely, secure or error-free;
- the results that may be obtained from the use of the Service will be accurate or reliable;
- the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and
- any errors in the software will be corrected.
CSB is not responsible for and makes no warranties, express or implied, as to any content on the Service, including, without limitation with respect to the accuracy and reliability of the Content whether caused by us, by Merchants, by any of the equipment or programming associated with or utilised by the Service, or otherwise.
The Content does not necessarily reflect the opinions or policies of CSB. CSB is not responsible for the conduct, whether online or offline, of any Merchant of the Service including, without limitation, any Content posted by any Merchant.
CSB assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any communication.
13. Refund policy
We do not normally give refunds if you simply change your mind or make a wrong decision.
16. Pricing policy
All transactions are processed in AUD$ currency (Australian dollars) and include GST. airBux Posts have no expiry date, are not transferable, cannot be exchanged and are not refundable. Unless otherwise agreed or used together with a promotion voucher/coupon, pricing can be found on our website at: http://www.airBux.co/fees.
The Merchant agrees to pay airBux a total amount each month for use of the Service. The total amount is determined by the Merchant in selecting a number of store locations for which to publish deals. The total amount per month is calculated by multiplying the price per location by the number of locations selected.
For the sake of clarity, if a Merchant selects two (2) locations at $220 per location, the total amount that would be charged to the Merchant’s credit card per month in advance would be $440. Upon submitting credit card details to airBux, the Merchant authorizes airBux to debit the provided Merchant credit card monthly for the total amount as determined by the Merchant during the process of their airBux Billing Plan set-up or edit.
16. Payment settlement
The Merchant agrees to pay CSB the total amount each month for use of the Service. The total amount is determined by the Merchant in selecting number of store locations and number of concurrent adverts. The total amount per month is calculated by multiplying the Price for that number of concurrent adverts by the number of Stores.
For the sake of clarity, if a Merchant had 5 store locations and selected the airBux product bundle of $39 (for 2 concurrent adverts per month), then the total amount that would be charged to the Merchant’s credit card per month is advance would be $195 ($39 * 5).
The Merchant hereby authorizes CSB to debit the provided Merchant credit card for the total amount as determined by the Merchant during the process of their airBux Billing Plan set-up or edit. Payment for use of the Service is for a period of one month and will be debited to the nominated Merchant credit card on the first day of this billing period i.e. in advance of the Service use.
17. Use of the Service
The airBux online service (Service) is provided to you via the Platform as secure online merchant account (Account). You, as a user of this Service (Merchant) may access, manage, and submit to CSB deals and other business information for publication to the airBux mobile app (App) via your Account. You as a Merchant agree to be bound by these Terms & Conditions. Your use of and access to this Service indicates your acceptance of these Terms & Conditions, as they exist at the time of use.
18. Cancelling the Service
Cancelling of the Service constitutes an instruction from the Merchant to stop recurring monthly billing for use of the Service. The Merchant may choose to cancel the Service at any time. Upon cancelling the Service, all related Content live on the app and any configured Content for future activation will be cancelled.
airBux will not issue any full nor pro-rata refunds where the Merchant cancels the Service on a day that is not the last day of the billing period. On cancelling of the service, the Merchant will continue to have access to their account for the remainder of the billing period. However, the Merchant will no longer be able to publish any further Content to the app unless the billing status on their account has been updated or recurring credit card payment reactivated.
When making payment to CSB, the Merchant’s financial details are passed through a secure server using 128-bit SSL (secure sockets layer) encryption technology.
We use Stripe, a world-leading, secure and reputable payment processor to process all credit card payments. Stipe stores, decrypts and transmits your card information. You can view Stripe’s security policy at https://stripe.com/docs/security.
21. Not an agent
CSB does not act as an agent for Merchants on the Service. The Merchant, not CSB, is the supplier of any product or offering contained in a Post. The Merchant is solely responsible for the products and offers contained in a Post.
The Merchant is responsible for ensuring all redemption of product made available or advertised using the Service, is done so in a lawful manner.For the purposes of illustration where a Post includes the sale and/or supply of alcohol or tobacco, that sale and/or supply is made by the Merchant and not by CSB and the Merchant is responsible for complying with all applicable laws relating to that sale/supply.
22 .Intellectual property rights
All intellectual property in relation to content on this Platform belongs to CSB or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Platform is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
It is not permitted to (and not for any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the data or software of the Service.
You agree not to modify the software in any manner or form, nor to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the interface that is provided by airBux for use in accessing the Service.
All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements, whether registered or unregistered) in:
- the Website and Service,
- (subject to clause 14.4) information content on the Website or accessed as part of the Service,
- any database operated by us, and
- all the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by CSB or licensed to CSB. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights.
23. All rights reserved
None of the material listed above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or accessed as part of the Service without the express written permission of airBux.
All rights (including goodwill and, where relevant, trademarks) in the airBux name are owned by CSB or licensed to CSB. Other product and company names mentioned on the Website are the trademarks or registered trademarks of third parties.
You may download and view content or print a copy of material on this Platform for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these Terms and Conditions are reserved by CSB. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Platform without the copyright or trademark owners’ permission.
The logos of the Platform and App on any CSB sites are trademarks of CSB and its related corporate bodies. Other trademarks may be displayed on the Platform from time to time. These may belong to third parties. No content’s display on the Platform should be construed as granting any licence to or right of use of any logo, trademark or masthead displayed on the Platform, without the express written permission of the relevant owner.
24. Content Submitted
When you as a Platform User or Merchant submit or make available content for the Service (including Posts), you grant a non-exclusive, royalty-free, perpetual license for CSB to publish, distribute, transmit, reproduce, modify, adapt, publicly display and otherwise use such Content on the Service solely for the purposes of promoting CSB and airBux.
CSB reserves the right not to use the Content you submit. You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not infringe any law. By submitting Content, you agree that CSB may at any time edit, amend, modify or in any other way make changes to the Content you have submitted as deemed appropriate, and publish the modified content on your behalf.
You as a Merchant indemnify CSB against any and all legal fees, damages and other expenses that may be incurred by CSB as a result of a breach of the above warranty. You waive any moral rights in your contribution for the purposes of its submission to and use by CSB in accordance with these terms.
This Service may include, source or make available to Merchants third party content which is subject to that third party’s Terms and Conditions of use. Third party content is not necessarily related to or controlled by CSB in any way and does not indicate any relationship between CSB and that content or any endorsement by CSB of that content. CSB does not guarantee that any of the third party content made available to Merchants through the Service is appropriate for Merchant use as submitted Content.
25. Customer Service
CSB is committed to providing the highest level of customer service. If you have any questions about the Service, please email: accounts@airBux.com.