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Daifo Pty Ltd (ACN 661428244) and its associated entities (together, “Daifo”, “we”, “us”), provides retailers with smart digital receipts, rewards and analytics products (Products) for retail stores (Stores). By scanning the QR code or typing on the tablet screens located at participating retail stores after checkout, you will be directed to our Website and can view the receipt (Receipt) of your current purchase from the Store.
These Daifo Website Terms of Use (Terms) are here to ensure you understand your rights and obligations when you access, navigate and use Daifo website (located at https://daifo.ai), ReceiptPapa website (https://receiptpapa.com), and our social media pages (collectively, our “Website”) and use our Services.
Any reference in these Terms to “you” or “your” or “Customer” means any person accessing, viewing or using the Website and/or Services.
By accessing, navigating and using the Services and/ or Website or otherwise dealing with Daifo, you agree to be bound by these Terms and Privacy Policy located at https://daifo.ai/privacy-policy and https://receiptpapa.com/privacy-policy. If you do not agree to these Terms, then you must cease using the Services or the Website.
Daifo may amend these Terms at any time at its sole discretion. By continuing to use the Website and/ or Services, you will be deemed to have accepted any revised terms from the date that they are published on the Website.
Daifo reserves its rights to investigate and take appropriate legal action for any Illegal and/or unauthorised use of the Services, the Website or breach of these Terms.
Daifo grants you a non-exclusive, non-transferable licence to access, use and navigate the Services and Website subject to you complying with these Terms.
To use the Services, you acknowledge and agree that you may need to provide Daifo with information that could personally identify you and you acknowledge that Daifo may collect your location. You acknowledge and agree that all information collected will be dealt with in accordance with our Privacy Policy.
You acknowledge and agree that Daifo may send electronic messages to your contact telephone number or email address. You agree that by using the Services you consent to Daifo sending you electronic messages. We will only send you messages related to your Receipts and, if you opt in, we may send you direct marketing communications and information about services that we consider may be of interest to you. You can opt out of receiving direct marketing communications and information at any time.
If you purchase Products that are alcoholic beverages, contain alcohol or by law require you to be over the age of 18 years for consumption, you warrant that you are over the age of 18 years.
You agree that it is the responsibility of the Store to comply with all laws in relation to the service of alcohol including responsible service of alcohol, ensuring the Store holds a valid alcohol licence and ensuring that the Customer is over the age of 18 years before serving the Customer alcohol.
You acknowledge that Daifo acts only as an intermediary between the Customer and the Store and is not liable if the Store does not stock or make the Products available or refuses your Checkouts.
A Store may offer promotional codes that may provide you with discounts, bonus offers or other incentives for you to use our Services (Store Promotional Codes). We agree to allow you to use valid Store Promotional Codes subject to any terms and conditions imposed by the Store and the following conditions:
Daifo makes all reasonable endeavours to ensure that the information about Receipts available on the Website are accurate and correct, although we do not warrant that it is accurate, adequate or complete.
You acknowledge and accept that the Website content may include incorrect information, technical inaccuracies and typographical errors. You acknowledge and accept that the Services and the Website will, from time to time, change without notice to you and that the content of the Website may not necessarily be accurate or up to date at the time you view it.
You are responsible to contact us directly to ensure that any material or information on the Website that you seek to rely on is accurate and current. Daifo disclaims all liability for any direct or indirect loss or damage arising from your use or reliance on the Services or Website to the full extent permitted by law.
You agree not to attempt to change, add to, remove, deface, hack or otherwise interfere with the Services or the Website or any material or content displayed on the Services or the Website unless expressly permitted by us or these Terms.
You warrant that you will not hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice.
We do not guarantee that your access to the Services and/or the Website will be uninterrupted or that the Services and/or the Website is free from viruses or any other malware which may damage any device or data as a result of access to the Services or Website.
You agree that Daifo may conduct maintenance of the Services or Website at any time and that this maintenance may interrupt your access to the Services or Website.
We reserve our rights to suspend or terminate your access to the Service or Website at our sole discretion where we hold a reasonable apprehension that you have or may breach these Terms. If we suspect you are or may be in breach of these Terms, we will endeavour to notify you of that breach and ways in which you can remedy it.
All material displayed on the Service and the Website, including but not limited to all information, photographs, graphics, illustrations, artwork, names, logos, trademarks, copy writing and design features (Daifo Intellectual Property) we acknowledge we have the right to use or are our property and are protected by copyright, trademark and other intellectual property laws. You may not use the Daifo Intellectual Property for any commercial purpose without our express prior written consent.
You agree not to copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Daifo Intellectual Property for any commercial purpose to any third party in whole or in part without our express prior written consent.
You acknowledge that if you do copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Daifo Intellectual Property, we will suffer loss and damage and you agree to indemnify us for any such loss and damage.
We do not grant any licence or right in or assign all or part of the rights of the Daifo Intellectual Property to you.
The Website may contain links to other websites operated, controlled or produced by third parties including Stores. Daifo does not control, endorse, sponsor or approve of any third party website or its content and does not provide any warranty or take on any responsibility whatsoever in relation to your access and use of third party websites. We advise you to check their privacy policy and terms and conditions before using their services.
You warrant that you will not infringe the Intellectual Property Rights of Daifo or any third party relating to your use of the Services or the Website.
Daifo disclaims all liability for any loss or damage of any kind arising out of or in connection with the Services and the Website content and your use or performance of the Website and Services to a maximum extent permitted by law including without limitation and liability relating to: 1) consumption of alcohol by minors; 2) your consumption of Products that may result in allergic reactions; or 3) any representation of the ingredients contained in Products.
You agree that your use of the Services and the Website are at your own risk and you accept and agree that you will not seek to hold us accountable for any loss or damage that you or any third party may suffer as a result of your use of the Services and/or the Website, and that you will indemnify us for any such loss and damage we suffer as a result of claims brought against us by any party as a result of your use of the Services and/or the Website.
Services supplied to you by Daifo come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.
To the fullest extent of the law, you agree to indemnify us from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms and/or your use of the Services and Website.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms will be governed by and construed in accordance with the laws of the State of Victoria, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Victoria for the resolution of any disputes.