Open Commerce Platform

RainCheck App Terms of Use
Thank you for using the RainCheck application (the App). The App is owned and provided by Rain-
Check.It Pty Ltd (ABN 84 602 680 259) (RainCheck). By accessing and/or using the App and related
services, you agree to these Terms of Use, which include our Privacy Policy (available at
http://www.getraincheck.com/privacy/ ) (Terms). You should review our Privacy Policy and these Terms
carefully and immediately cease using the App if you do not agree to these Terms.
In these Terms, 'us', 'we' and 'our' means Rain-Check.It Pty Ltd and our related bodies corporate.
We reserve the right to modify all or part of these Terms at any time by (a) posting revised Terms on
and/or through the App and (b) where reasonably practicable, providing you with reasonable prior notice
that the Terms have changed, either via email or through the App, at our sole discretion.
You accept the revised Terms when you continue to use the App after a change to the Terms. In that
case, you are bound by and we will treat you as bound by the revised Terms from the date on which the
revised Terms became effective. You are free to end your agreement with us at any time should you
choose not to accept the revised Terms.
1 Registration
You must be a registered user to use our App and to access certain features.
When you register and activate your account, you will provide us with personal information such
as your name, email address, residential or mailing address, telephone number and age. You
must ensure that this information is accurate and current. We will handle all personal information
we collect in accordance with our Privacy Policy located at http://www.getraincheck.com/privacy/ 
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are
responsible for all use and activity carried out under this user name.
If you are under the age of 14 years, you may not create an account or register as a user. If you
are 14 or older but under the age of 18, you represent that you have reviewed these Terms with
your parent or legal guardian to make sure that you and your parent or legal guardian understand
these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to
create an account, you agree to:
• exercise supervision over the Minor's use of the App and their account;
• assume all risks associated with the Minor's use of our App and their account, including
the transmission of content or information to and from third parties via the Internet;
• ensure that the content and information that the Minor may encounter while using the App
is suitable for the Minor;
• assume liabilities resulting from the Minor's use of the App and their account;
• ensure the accuracy and truthfulness of all information submitted by the Minor; and
• provide the consents contained in these Terms on behalf of the Minor.
We may ask you to confirm that you have your parent's or guardian's permission and that they
have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that
this is the case and will provide access to our App and your account on this basis.

Version 1.0

2 Collection Notice
We collect certain personal information about you in order to process your registration, provide
you with our services, respond to your enquiries and for purposes otherwise set out in our Privacy
Policy at http://www.getraincheck.com/privacy/ . If you do not provide this information, we may not
be able to provide all of our services or products to you.
We may collect personal information either directly from you, or from third parties, including from
our carefully selected retail partners. Where the information that we collect about you, your use of
the App or our other services, or our interactions with you, is not capable of identifying you it will
not be personal information. However where the information is capable of identifying you
(including where that information is linked to your account), we will handle that information in
accordance with our Privacy Policy and these Terms.
We may collect, use or disclose information about you in order to combine the information that we
hold about you with information about you collected from or held by other trusted partners or from
public sources. We do this in order to enable the development of consumer insights about you so
that we and those other trusted companies can serve you better. This includes being able to
better understand your preferences and interests, personalise your experience, enhance the
products and services you receive, and to tell you about products and services. We may also use
trusted service providers to undertake the process of creating these consumer insights.
We may use and disclose your personal information to offer you products and services that we
believe may interest you. We will not do this if you tell us not to. Unless you tell us not to, we may
disclose your personal information to our related companies or to other trusted business partners
so they can tell you about their products and services. We may also disclose your personal
information to other companies who assist us to market our products and services. If you don’t
want to receive marketing offers in this way please contact us using the details listed below.
We may disclose certain personal information to third parties that help us deliver our services
(including information technology suppliers, communication suppliers and our business partners)
or as required by law. We may also disclose your personal information to recipients that are
located outside of Australia, including to sponsors or promotors of competitions associated with
RainCheck. The countries where such sponsors or promotors are located may vary so if we do
this we will notify you of the countries at the time that you enter into the competition or event with
us.
Our Privacy Policy explains: (i) how we collect, store, use and disclose, and how you may access
and correct your personal information; (ii) how you can lodge a complaint regarding the handling
of your personal information; and (iii) how we will handle any complaint. If you would like any
further information about our privacy policies or practices, please write to us at Level 2, 50 Bridge
St, Sydney NSW 2000 or send us an email at privacy@getraincheck.com .
By providing your personal information to us, you consent to the collection, use, storage and
disclosure of that information as described in the Privacy Policy and these Terms.
3 Accuracy, completeness and timeliness of information
The information provided through our App is not comprehensive and is intended to provide a
summary of the subject matter covered. While we use all reasonable attempts to ensure the
accuracy and completeness of the information on the App, to the extent permitted by law,
including the Australian Consumer Law, we make no warranty regarding that information. You
should monitor any changes to the information contained in or provided through the App.
To the extent permitted by law, including the Australian Consumer Law, we disclaim liability to
you or anyone else if interference with or damage to your computer systems occurs in connection

Version 1.0
with the use of the App or a website which is linked to from the App. You must take your own
precautions to ensure that whatever you select for your use from the App is free of viruses or
anything else (such as worms or Trojan horses) that may interfere with or damage the operations
of your computer systems.
We may, from time to time and without notice, change or add to the App (including these Terms)
or the information, products or services described in it. However, we do not undertake to keep the
App updated or that it will be or remain compatible with any device or software. We are not liable
to you or anyone else if errors occur in the information included in or provided through the App, or
if that information is not up-to-date.
4 Features of the App
A key function of the App is to notify you of the availability of certain items that you've found and
selected (or 'RainChecked') online when you enter the vicinity of the registered physical stores in
which those items are available. By using the App, you agree to receive such notifications from
the App pushed to your compatible device (push notifications). If you do not wish to receive
such push notifications, please adjust your account settings, but be aware that if you do elect not
to receive such push notifications you may not be able to use or receive the benefit of some or all
of the functionality of the App.
When you use the App, we may ask for your permission to access certain hardware or software
features of your device. We will only access these features if you give your consent, and only for
the purpose of the particular functions of the App. If you do not provide such permission, you may
not be able to use or receive the benefit of some or all of the functionality of the App.
5 Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply
(Competition Terms). If you want to participate in such a campaign, promotion or contest, you
must agree to the applicable Competition Terms. In case of any inconsistency between such
Competition Terms and these Terms, those Competition Terms will prevail.
6 Linked sites
The App may contain links to websites operated by third parties. Those links are provided for
convenience and may not remain current or be maintained. Unless expressly stated otherwise,
we do not endorse and are not responsible for the content on those linked websites and have no
control over or rights in those linked websites.
7 Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest
(including copyright, designs, patents, trademarks and other intellectual property rights) in the
App and in all of the material (including all text, graphics, logos, audio and software) made
available on or through the App (Content).
Your use of the App and use of and access to any Content does not grant or transfer any rights,
title or interest to you in relation to the App or the Content. However we do grant you a licence to
access the App and to view the Content on these Terms and, where applicable, as expressly
authorised by us and/or our third party licensors.
Any reproduction or redistribution of the App or the Content is prohibited and may result in civil
and criminal penalties. In addition, you must not copy the Content to any other server, location or
support for publication, reproduction or distribution is expressly prohibited.

Version 1.0
All other use, copying or reproduction of the App, the Content or any part of it is prohibited,
except to the extent permitted by law.
8 Unacceptable activity
You must not do any act that we deem inappropriate, is unlawful or is prohibited by any laws
applicable to the App, including but not limited to:
• any act that would constitute a breach of either the privacy (including uploading private or
personal information without an individual's consent) or any other of the legal rights of
individuals;
• using the App to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the
property of other individuals;
• posting or transmitting to this App any non-authorised material including, but not limited
to, material that is, in our opinion, likely to cause annoyance, or which is defamatory,
racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in
violation of our systems or a third party's systems or network security.
If we allow you to post any information to the App, we have the right to take down that information
at our sole discretion and without notice.
9 Termination
These Terms are effective until terminated. You can terminate these Terms at any time by
ceasing your use of the App and deleting the App. We can terminate these Terms at any time by
providing reasonable written notice to you.
We are also entitled to terminate these Terms at any time without observing any notice period if:
• you are in breach of these Terms; or
• you have clearly demonstrated (regardless of whether directly or through your actions or
statements or otherwise) that you do not intend to comply with these Terms.
Termination may entitle you to receive a refund or partial refund or other remedy as provided by
the Australian Consumer Law. Any request for a refund will be assessed on a case by case basis.
Upon termination of these Terms, you must cease all use of the App and destroy all copies, full or
partial, of the App.
10 Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no
warranties or representations about the App or the Content, including but not limited to warranties
or representations that the App or the Content will be complete, accurate or up-to-date, that
access will be uninterrupted or error-free or free from viruses, or that the App will be secure.
Subject to clause 9 , and the Australian Consumer Law, we reserve the right to restrict, suspend
or terminate without notice your access to the App, any Content, or any feature of the App at any
time without notice and we will not be responsible for any loss, cost, damage or liability that may
arise as a result.
11 Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event
shall we be liable for any direct and indirect loss, damage or expense – irrespective of the

Version 1.0
manner in which it occurs – which may be suffered due to your use of the App and/or the
information or materials contained on it, or as a result of the inaccessibility of the App and/or the
fact that certain information or materials contained on it are incorrect, incomplete or not up-to-
date.
Your purchases in connection with your use of the App are subject to the terms and conditions of
the relevant retail partner (including, for example and without limitation, in respect of returns and
exchanges). To the maximum extent permitted by law, including the Australian Consumer Law, in
no event shall we be responsible for any loss, damage or expense in relation to any product or
service purchased by you in connection with your use of the App.
12 Jurisdiction and governing law
Your use of the App and these Terms are governed by the law of New South Wales and you
submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

RainCheck Privacy Policy
In this Privacy Policy, 'us' 'we' or 'our' means Rain-Check.It Pty Ltd (ABN 84 602 680 259) and our related
bodies corporate. We are committed to respecting your privacy. Our Privacy Policy sets out how we
collect, use, store and disclose your personal information.
By providing personal information to us, you consent to our collection, use and disclosure of your
personal information in accordance with this Privacy Policy and any other arrangements that apply
between us. We may change our Privacy Policy from time to time by publishing changes to it on our
website. We encourage you to check our website periodically to ensure that you are aware of our current
Privacy Policy.
Personal information includes information or an opinion about an individual that is reasonably identifiable.
For example, this may include your name, age, gender, postcode and contact details.
What personal information do we collect?
We may collect the following types of personal information:
• name;
• mailing or street address;
• email address;
• telephone number and other contact details;
• age and date of birth;
• credit card information;
• geo-location information;
• details of the products and services we have provided to you or that you have enquired about,
including any additional information necessary to deliver those products and services and
respond to your enquiries;
• any additional information relating to you that you provide to us directly through our website or
app or indirectly through your use of our website or app or online presence or through other
websites or accounts from which you permit us to collect information;
• information you provide to us through customer surveys; or
• any other personal information that may be required in order to facilitate your dealings with us.
We may also collect information about your use of our website, app or services (eg which pages you visit
on and from our website and app, and the time and date of your visit); your device ID and/or IP address;
ad data; and other standard web log information. Where the information is not capable of identifying you it
will not be personal information. However where the information is capable of identifying you (including
where that information is linked to your account), we will handle that information in accordance with this
Privacy Policy.
How do we collect this information?
We may collect personal information either directly from you, or from third parties, including from our
carefully selected retail partners. We may collect this information when you:
• register on our website or download or use our app;

Version 1.0
• communicate with us through correspondence, chats, email, or when you share information with
us from other social applications, services or websites;
• interact with our sites, services, content and advertising; or
• invest in our business or enquire as to a potential purchase in our business.
In addition, when you apply for a job or position with us we may collect certain information from you
(including your name, contact details, working history and relevant records checks) from any recruitment
consultant, your previous employers and others who may be able to provide information to us to assist in
our decision on whether or not to make you an offer of employment or engage you under a contract. This
Privacy Policy does not apply to acts and practices in relation to employee records of our current and
former employees, which are exempt from the Privacy Act.
Why do we collect, use and disclose personal information?
We may collect, hold, use and disclose your personal information for the following purposes:
• to enable you to access and use our website, app and our services;
• in order to provide our services and products to you, including using your geo-location information
to assist us in notifying you when an item you have selected is available in a nearby store;
• to operate, protect, improve and optimise our website, app and our services, business and our
users’ experience, such as to perform analytics, conduct research and for advertising and
marketing;
• to send you service, support and administrative messages, reminders, technical notices, updates,
security alerts, and information requested by you;
• to send you marketing and promotional messages and other information that may be of interest to
you, including information sent by, or on behalf of, our business partners that we think you may
find interesting;
• to administer rewards, surveys, contests, or other promotional activities or events sponsored or
managed by us or our business partners;
• to comply with our legal obligations, resolve any disputes that we may have with any of our users,
and enforce our agreements with third parties; and
• to consider your employment application.
We may collect, use or disclose information about you in order to combine the information that we hold
about you with information about you collected from or held by other trusted partners or from public
sources. We do this in order to enable the development of consumer insights about you so that we and
those other trusted companies can serve you better. This includes being able to better understand your
preferences and interests, personalise your experience, enhance the products and services you receive,
and to tell you about products and services. We may also use trusted service providers to undertake the
process of creating these consumer insights.
Do we use your personal information for direct marketing?
We may use and disclose your personal information to offer you products and services that we believe
may interest you. This may take the form of emails, SMS, mail or other forms of communication, in
accordance with the Spam Act and the Privacy Act. We will not do this if you tell us not to. You may opt-
out of receiving marketing materials from us by contacting us using the details set out below or by using
the opt-out facilities provided (eg an unsubscribe link or adjustment of your privacy settings).

Version 1.0
Unless you tell us not to, we may disclose your personal information to our related companies or to other
trusted business partners so they can tell you about their products and services. We may also disclose
your personal information to other companies who assist us to market our products and services. If you
don’t want to receive marketing offers in this way please contact us using the details listed below.
To whom do we disclose your personal information?
We may disclose personal information for the purposes described in this privacy policy to:
• our employees and related bodies corporate;
• third party suppliers and service providers (including providers for the operation of our websites
and/or our business or in connection with providing our products and services to you);
• professional advisers, dealers and agents;
• payment systems operators (eg merchants receiving card payments);
• our existing or potential agents, business partners or partners;
• our sponsors or promoters of any competition that we conduct via our services;
• anyone to whom our assets or businesses (or any part of them) are transferred;
• specific third parties authorised by you to receive information held by us; and/or
• other persons, including government agencies, regulatory bodies and law enforcement agencies,
or as required, authorised or permitted by law.
Disclosure of personal information outside Australia
We may disclose personal information outside of Australia where a sponsor or promotor of a competition
or event associated with RainCheck is located overseas. The countries where such sponsors or
promotors are located may vary so if we do this we will notify you of the countries at the time that you
enter into the competition or event with us. We will take reasonable steps to ensure that any overseas
recipient will deal with such personal information in a way that is consistent with the Australian Privacy
Principles.
Using our website, app and cookies
We may collect personal information about you when you use and access our website or App.
While we do not use browsing information to identify you personally, we may record certain information
about your use of our website, such as which pages you visit, the time and date of your visit and the
internet protocol address assigned to your computer.
We may also use 'cookies' or other similar tracking technologies on our website that help us track your
website usage and remember your preferences. Cookies are small files that store information on your
computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to
recognise you across different websites, services, devices and/or browsing sessions. You can disable
cookies through your internet browser but our websites may not work as intended for you if you do so.
We may also use cookies to enable us to collect data that may include personal information. For
example, where a cookie is linked to your account, it will be considered personal information under the
Privacy Act. We will handle any personal information collected by cookies in the same way that we handle
all other personal information as described in this Privacy Policy.
Security

Version 1.0
We may hold your personal information in either electronic or hard copy form. We take reasonable steps
to protect your personal information from misuse, interference and loss, as well as unauthorised access,
modification or disclosure and we use a number of physical, administrative, personnel and technical
measures to protect your personal information, including secure storage. However, we cannot guarantee
the security of your personal information.
Links
Our website may contain links to websites operated by third parties. Those links are provided for
convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not
responsible for the privacy practices of, or any content on, those linked websites, and have no control
over or rights in those linked websites. The privacy policies that apply to those other websites may differ
substantially from our Privacy Policy, so we encourage individuals to read them before using those
websites.
Accessing or correcting your personal information
You can access the personal information we hold about you by contacting us using the information set
out below. Sometimes, we may not be able to provide you with access to all of your personal information
and, where this is the case, we will tell you why. We may also need to verify your identity when you
request your personal information.
If you think that any personal information we hold about you is inaccurate, please contact us and we will
take reasonable steps to ensure that it is corrected.
Making a complaint
If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have
handled your personal information, you can contact us using the details set out below. Please include
your name, email address and/or telephone number and clearly describe your complaint. We will
acknowledge your complaint and respond to you regarding your complaint within a reasonable period of
time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with
information about the further steps you can take.
Contact Us
For further information about our Privacy Policy or practices, or to access or correct your personal
information, or make a complaint, please write to us at Level 2, 50 Bridge St, Sydney NSW 2000 or send
us an email at privacy@getraincheck.com.

Effective: 7 September 2015