1. Terms

1.1. These Terms contain the terms and conditions on which the Application is made available to you.

1.2. By installing, using or accessing the Application, you accept these Terms. Please read these Terms carefully before installing, accessing or using the Application. If you do not agree to these Terms, please do not install, access or use the Application.

1.3. We may revise and amend these Terms from time to time. We will notify you where these Terms are revised and amended prior to any further use of the Application. Your continued use of the Application after such changes will be deemed acceptance of such changes.

2. Purpose of the Application

2.1. To the extent available from time to time, the Application can be used so that you can, amongst other things:

2.1.1. access and use your Rewards Card and associated features;

2.1.2. view Product pricing and specials; and

2.1.3. order Products for collection or delivery.

3. Functionality and Limits of the Application

3.1. You acknowledge and agree that the Application may not be effective, available, reliable or accurate at all times.

3.2. Such unavailability or failure (in whole or in part) may arise from any of the following (including combinations of the same):

3.2.1. the operating system on your Device does not support the Application;

3.2.2. your Device ceases to work for any reason;

3.2.3. you fail to properly install and log into the Application (including by entering incorrect log in details at the time of installation or at any future time);

3.2.4. you log out or uninstall the Application;

3.2.5. you select smartphone settings which limit or disable functionality of the Application;

3.2.6. there is no or insufficient mobile data or internet availability or there is a loss or interruption to such services;

3.2.7. any viruses or errors which affect the Application or your Device;

3.2.8. errors or inoperability of the Application arising from upgrades to the operating system of your Device or you fail to install any Upgrade we issue for the Application; or

3.2.9. we terminate your right to use the Application for any reason.

3.3. We do not guarantee or warrant that the Application will meet your requirements and we cannot guarantee that the Application will be fault free. If a fault occurs in respect of the Application, please report it to us at rewards@romeosretail.com.au and we will endeavour to correct the fault as soon as reasonably possible. If necessary, we may suspend access to the Application while we address faults. We will not be liable to you if the Application is unavailable for any period of time.

3.4. Your usage of the Application may be occasionally restricted to allow for repairs, maintenance or the introduction of new functionality or services.

4. Licence

4.1. Subject to these Terms, we grant you a non-exclusive, non-transferable licence to run and use the Application on your Device. To avoid doubt, the licence does not grant you (i) the right to distribute or use the Application on multiple mobile devices which you do not own; (ii) the right to sell, lease, licence or to authorise others to use the Application; or (iii) any rights in respect of the Application.

4.2. When you use the Application you must comply with all applicable laws and, in particular, you must not use the Application in any unlawful manner or in a manner which promotes or encourages illegal activity.

4.3. You must comply with the terms of the relevant digital storefront where you downloaded the Application from (being the Apple iOS Store or the Google Play Store).

4.4. When we make an Upgrade available, you must promptly install the same. If you fail to comply with this obligation, the Application may cease to function or not function properly.

4.5. You warrant you will comply with our Policies from time to time in respect of the Application including the use of the same.

5. Registration

5.1. You must be a registered user of the Application to use the Application. To register as a user, you must complete the registration application on the Application and meet any eligibility requirements we notify from time to time.

5.2. To place an Order which includes liquor (if such feature is available), you must be at least 18 years of age and otherwise comply with any other applicable law.

5.3. You warrant that all information you provide in registering to use the Application, in using the Application, and in your dealings with us are true and accurate and not misleading.

5.4. You must:

5.4.1. keep your Application password and login secure and not allow anyone else to use the same and you are liable for any misuse of your login and password;

5.4.2. promptly notify us if you think someone unauthorized is using your login and password;

5.4.3. only use the Application for the purpose for which it is made available and comply with all laws in respect of your use of the Application; and

5.4.4. only maintain one active account for this Application.

6. Online Shopping

6.1. From time to time, the Application may allow you to place an Order to purchase Products.

6.2. You acknowledge and agree that where you place Orders through the Application, the Online Shopping Terms apply to such Orders and are deemed to be incorporated into these Terms.

7. Rewards Program

7.1. Access and use of the Rewards Program and the Rewards Card is subject to the Rewards Program Terms and are deemed to be incorporated into these Terms.

8. Notifications

8.1. You may receive notifications from us through the Application.

8.2. You may be able to turn off or alter notifications you receive through the settings function in the Application.

8.3. If you turn off or alter notification you are receiving through the Application, you may miss important information relevant to your use of the Application.

9. Product Liability

9.1. We warrant that we will use reasonable skill and care in making the Application available to you and in endeavouring to remedy faults in the Application.

9.2. Subject to clause 9.1, to the extent allowed at law, we and all members of the Romeo Retail Group disclaim and exclude all conditions and warranties, express, implied or imposed by law or trade custom or usage in respect of the Application. We and all members of the Romeo Retail Group make no representation, warranty or guarantee as to the reliability, quality, availability, accuracy, completeness or suitability of the Application. The Application is provided on an “as is” and “as available” basis and you agree that the Application is not guaranteed to be error or virus free.

9.3. As the Application is provided over the internet and through mobile services, we cannot and do not make any warranty or representation that (i) the use of the Application will be secure, timely or error free; (ii) will be available at all times; and (iii) data sent and received will be promptly and accurately delivered. Your use of the Application is entirely at your own risk.

9.4. Under no circumstances will we or a member of the Romeo Retail Group be liable to you or any other person for any loss, injury or death arising in connection to the Application or your use of the same. In particular we and all members of the Romeo Retail Group will not be liable to you or any other person for any amount for any economic, consequential, contingent, special or indirect damages, or loss of business, revenue or profit with respect to claims arising in connection to the Application or your use of the same or for a breach of contract or laws, negligence or under any other theory of law including where we were aware or had been told of the possibility of any such damage or loss.

9.5. Without limiting clause 9.4, our maximum liability and the maximum liability of any Romeo Retail Group to you in respect of all claims, liability or costs arising from any of our acts or omissions, breach of contract or laws, or for negligence or under any other theory of law is limited to $1.00.

9.6. Our liability for a breach of a condition or warranty of supply (including a condition or warranty implied by any law (including the Competition and Consumer Act 2010 (Cth)) is limited to (as we may decide), (a) in the case of goods, (i) the replacement of the goods or the supply of equivalent goods or the repair of the goods, or (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods or of the cost of having the goods repaired; and (b) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled (i) to cancel your service contract with us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

9.7. You agree that this clause 9 is an essential basis of the bargain in making a contract and that without the availability of enforcing this provision as written, the pricing would be significantly different to use the Application or we would not have offered the Application to you.

9.8. We hold the rights in favour of the members of the Romeo Retail Group under this clause 9 on trust and for the benefit of the members of the Romeo Retail Group.

10. Prohibited Use of the Application

10.1. You agree not to:

10.1.1. attempt to gain unauthorised access to the Application or any networks, servers or computer systems connected to the Application;

10.1.2. use the Application to create any tool or software product that can be used to create software applications of any nature whatsoever; or

10.1.3. tamper with the Application or circumvent any technology used by us or our licensors in respect of the Application.

11. Intellectual Property

11.1. We own or otherwise have rights to use and licence the Application.

11.2. Nothing in these Terms or otherwise transfers any ownership in the Application and the Intellectual Property in the same to you.

11.3. You will not (directly or indirectly) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure, ideas, or algorithms of, or found at or through the Application.

11.4. We own all Intellectual Property rights in the Data.

11.5. Materials and Intellectual Property on, in or available through the Application is owned by or licensed to us and may not be copied or distributed, or republished, or transmitted in any way, or altered or removed, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Application.

12. Privacy

12.1. All information that you provide through the Application including the registration process is governed by our Privacy Policy and we will take all reasonable steps to prevent any data being inappropriately released or misused.

12.2. You acknowledge and agree that:

12.2.1. through the use of the Application, personal information about you will be collected and used by us or our related third parties or service providers;

12.2.2. all personal information that we collect is subject to our Privacy Policy; and

12.2.3. our Privacy Policy is deemed to be incorporated into these Terms and our collection, use and sharing of all personal information will be as set forth in our Privacy Policy.

13. Termination and Suspension

13.1. We may terminate your licence to the Application or suspend your account and use of the Application and/or any Order without liability if you breach any of these Terms or on reasonable grounds we consider you have done so. We will have no liability or responsibility to you in the event of any suspension or termination.

13.2. Termination does not affect any parties’ rights or remedies existing before termination or arising from termination.

13.3. At any time, we may cease to accept Orders including where we cease to provide delivery services for Products.

13.4. We will have no liability or responsibility to you in the event of any suspension or termination.

13.5. Termination does not affect any parties’ rights or remedies existing before termination or arising from termination.

14. Apple Devices

14.1. This clause 14 applies to the extent the Application is available for and where you have downloaded the Application from the Apple Inc. App Store. We give no warranty that the Application will be available for download from the Apple Inc. App Store.

14.2. You acknowledge these Terms are entered into by and between us and you and not with Apple, Inc (Apple) and that Apple is not responsible for the Application or the content thereof. Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms.

14.3. You further acknowledge and agree (and where required by Apple we also acknowledge):

14.3.1. your license to use the Application is limited to a non-transferable license to use the Application on an Apple device that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service (but otherwise subject to these Terms);

14.3.2. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application;

14.3.3. Apple has no warranty obligations whatsoever with respect to the Application;

14.3.4. in the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application, and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be our sole responsibility, to the extent it cannot be disclaimed under applicable law (but otherwise subject to these Terms);

14.3.5. in no event will Apple be responsible for any claims relating to the Application (including, without limitation, a third party claim that the Application infringes that third party’s intellectual property rights) or your use or possession of the Application, including but not limited to (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;

14.3.6. Apple has no obligation to investigate, defend, settle or discharge any intellectual property infringement claims that may be raised by third parties with respect to the Application; and

14.3.7. you will comply with any applicable third party terms when using the Application.

14.4. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

14.5. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

15. General

15.1. Linked Sites are provided for your convenience only. Accordingly, we do not endorse or approve the content or information contained in any Linked Site. You should carefully review the terms of use of any Linked Site you visit.

15.2. We may give you notice by email, post, on this Application or by contacting you on your supplied contact details. You may give us notice by contacting us on rewards@romeosretail.com.au.

15.3. These Terms are not to be interpreted against us merely because they were prepared by us.

15.4. We may set off any amount we owe you under or in respect of any contract against any or all amounts you owe us under or in respect of any contract formed by these Terms.

15.5. You cannot assign or transfer rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in our absolute discretion.

15.6. We can only waive any of our rights under these Terms in writing.

15.7. These Terms are governed by South Australia law and the parties submit to the non-exclusive jurisdiction of South Australia courts in respect of any disputes arising under or in connection with these Terms.

15.8. We are entitled to bring proceedings in any court in any jurisdiction in which you are located or where, acting reasonably, we consider such court provides the most efficient or convenient means for us to enforce these Terms and our rights under the same.

16. Interpretation

16.1. In these Terms:

16.1.1. Application means the software application known as “Romeo’s Rewards App”.

16.1.2. Data means data and information including what you send, forward, otherwise transmit or receive by means of the Application.

16.1.3. Device means any smartphone or other device on which the Application is capable of being installed.

16.1.4. Intellectual Property means all intellectual property rights, title and interest in anything including but not limited to (i) copyright (including in computer software and source code, development and performance documentation, manuals, engineering documentation and price lists), and (ii) all patent and design rights (registered or unregistered) and any applications for the same, and (iii) trade marks rights.

16.1.5. Linked Site means any third party website linked to this Application.

16.1.6. Online Shopping Terms means the Online Shopping Terms and Conditions published by us or a related entity (as updated and replaced from time to time) and which is available via www.romeosretailgroup.com.au.

16.1.7. Order means a request by you to purchase Products from us or a related entity using the Application.

16.1.8. Policies mean our policies from time to time in respect of the Application and includes our Privacy Policy.

16.1.9. Privacy Policy means the privacy policy published by us or our related entity (as updated and replaced from time to time) and which is available via www.romeosretailgroup.com.au.

16.1.10. Products means the items advertised and/or offered for sale through the Application.

16.1.11. Rewards Card means the “Romeo’s Rewards Card” issued in connection with the Rewards Program.

16.1.12. Rewards Program the customer loyalty program known as “Romeo’s Rewards”.

16.1.13. Rewards Program Terms means our Romeo’s Rewards Program Terms and Conditions published by us or a related party (as updated and replaced from time to time) and which is available via www.romeosretailgroup.com.au.

16.1.14. Romeo Retail Group a member of the Romeo Retail Group being any entity trading a store or stores under the name “Romeo Retail Group” or similar.

16.1.15. Terms means these Terms and Conditions.

16.1.16. Upgrade means any version release, update or fix for the Application which we release and make available to you from time to time.

16.1.17. we, our or us means Kensington Park Investments Pty Ltd (ACN 127 318 512).

16.1.18. you means the person who installs, accesses and/or uses the Application.

16.2. In these Terms:

16.2.1. singular includes plural and vice versa;

16.2.2. reference to a person includes a body politic or corporate, an individual and a partnership and vice versa;

16.2.3. a reference to us in respect of any limit of liability in these Terms is deemed to include our employees, directors and officers;

16.2.4. no rule of construction applies to our disadvantage because we put forward these Terms; and

16.2.5. if a provision in these Terms would, but for this clause, be unenforceable (i) the provision must be read down to the extent necessary to avoid that result; and (ii) if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of these Terms.