Fyndle Customer terms and conditions
Last Updated: November 14, 2015
1. Definitions and General Provisions
i. Fyndle: Fyndle Pty Ltd
ii. Fyndle Services and Applications: all services offered through the website domain Fyndle.com and their contents, including (but not limited to)
Treasure Hunts, Accounts, Free accounts, Customer Accounts, Player Accounts and the Fyndle Script.
iii. Customer Account: a customer account created on the website www.fyndle.com by completing the appropriate form
called “Sign up for Fyndle”.
iv. Player Account: An account created on the website www.fyndle.com by completing the appropriate form, called “Sign up as a player” . A Player account
includes access to and use of the pages and features on the domain my.fyndle.com, including (but not limited to) My Treasure hunts, My Account and My
as described here is a requirement without which a Treasure Hunt cannot be created on a Treasure Hunt Website.
vi. Treasure Hunt: a game created by a Customer where (a) prize(s) can be won by Players Players by finding a Treasure Hunt Logo.
vii. Treasure Hunt Website: the website where one or more Treasure Hunts are being held, i.e., where one or more Treasure Hunt Logos can be can be found.
viii. Treasure Hunt Logo: An image described on the Treasure Hunt Invitation, that needs to be found for a Player to be eligible for winning a Treasure
ix. Treasure Hunt Prize: an good or service that is described in a Treasure Hunt Invitation, that Players are eligible to win if they find the Treasure
Hunt Logo. If an Eligible Player becomes a Treasure Hunt Winner, Customer is obliged to send or otherwise make available one of the Treasure Hunt Prizes to
the Treasure Hunt Winner within 4 calendar weeks.
x. Treasure Hunt Duration: the period during which one or more Treasure Hunt Logos can be found in a Treasure Hunt.
xi. Treasure Hunt Invitation: a popup screen shown on a Treasure Hunt Website for the Treasure Hunt Duration, that explains the terms of the Treasure Hunt
and allows a visitor to the Treasure Hunt Website to either agree to the terms and become a Player, or decline to agree, in which case the visitor does not
become a Player. Agreeing or declining is done by clicking the corresponding button on the Treasure Hunt Invitation.
xii. Player: a person who indicates they want to participate in a Treasure Hunt by clicking ‘I agree’ on a Treasure Hunt Invitation.
xiii. Treasure Hunt Eligible Player: any Player who finds the Treasure Hunt Logo and clicks on it, then agrees to create a Player Account, becomes an
Eligible Player. Only Eligible Players can become a Treasure Hunt Winner
xiv. Treasure Hunt Prize Allocation: the process by which at the end of the Treasure Hunt Duration, a set of Treasure Hunt Winners is determined from the
set of Treasure Hunt Eligible Players.
xv. Treasure Hunt Winner. An Eligible Player who has been chosen as a prize winner in the Treasure Hunt Prize Allocation.
xvi. Prize: a good or service that the customer is obliged to deliver to the winner of a treasure hunt.
xvii. Player Participation: if a visitor to the Treasure Hunt Website becomes a Treasure Hunt Player, this counts as 1 Player Participation.
b. General provisions
i. Fyndle.com is a trademark Fyndle Pty Ltd, and registered in the Australian Business Name register (98 609 338 981).
ii. The Treasure Hunts held on the www.fyndle.com website are facilitated by Fyndle Pty Ltd (hereinafter “Fyndle”).
iii. Fyndle is not liable for any damage to Players and / or customers as a result of force majeure or technical reasons can not meet these conditions.
iv. Fyndle is not responsible or liable for any breach of local laws of regulations by Customers.
2. Participation conditions
a. Everyone, with the exception of the persons referred to in Section 2.1.2, is entitled to participate in a Treasure Hunt.
b. Employees of Fyndle may never be a Treasure Hunt Winner.
c. Employees of Customer may never be a Treasure Hunt Winner in a Treasure Hunt created by Customer.
d. Visitors of a Treasure Hunt Website who do not meet the requirements as described in the Treasure Hunt Invitation, cannot be a Treasure Hunt Winner in
that Treasure Hunt.
e. Fyndle, Customers and Players shall be bound by these conditions. Players accept these conditions by agreeing to the terms as described or referenced in
the Treasure Hunt Invitations. Customers accept these conditions by indicating they agree with them when registering a Customer Account.
f. Sending the Player Registration Form is possible if at least the email address of the Player and password are completed and if the Player on the form
g. If a Player password does not know he or she can click the link ‘forgot password?’ Player Participations, or enter their email address and find out from
him / her by e-mail information sent to his or her password.
3. Playing Treasure Hunts
a. Players compete for prices by taking part in Treasure Hunts.
b. The aim of participating in a Treasure Hunt is finding the Treasure Hunt Logo as shown in the Treasure Hunt Invitation.
c. If a Player sees the Treasure Hunt Logo on the Treasure Hunt Website, clicking on the logo and logging into their Player Account, makes them Eligible
Players in that Treasure Hunt.
d. Players younger than 18 need to show the Customer written permission from their legal representatives to be able to become a Prize Winner.
e. If a Player becomes a Treasure Hunt Winner, and it becomes apparent for any reason that the Player does not meet all requirements for being a Treasure
Hunt Winner as set out in these Terms, that Player is no longer a Treasure Hunt Winner in that Treasure Hunt. A new Eligible Player will become a Treasure
Hunt Winner instead.
4. Winners and Prizes
a. The Treasure Hunt Prize Allocation process is subject to local laws in Customer’s country and Customer is responsible for knowing these laws and
choosing a Treasure Hunt Prize Allocation that is in accordance with these laws. The Treasure Hunt Prize Allocation must be performed in such a way that a
number of Winners is selected equal to the number of Prizes in a Treasure Hunt and that a record is made of which Winner wins which Prize, where each
Winner wins 1 Prize.
b. A Player who clicks on the Treasure Hunt Logo on the Treasure Hunt Website, and indicates they are eligible to become a Treasure Hunt Winner (based on
the requirements described in the Treasure Hunt Invitation), and logs into their Player Account, becomes an Eligible Player.
c. Players and Eligible Players cannot become a Treasure Hunt Winner if they do not meet the requirements set forth in the Treasure Hunt Invitation.
d. Winners of the contest can only claim the Prize after they fully and accurately indicated their contact details through the appropriate web form in
their Player Account.
e. The Treasure Hunt Winners are automatically notified via e-mail after the Treasure Hunt Prize Allocation is complete.
f. Eligible Players who do not become Treasure Hunt Winners do not receive a notification.
g. A Prize can not be exchanged for cash.
5. Purchase Conditions / Terms of Sale
a. General sale terms and condition
i. A contract to supply Fyndle Services and Applications is an agreement between the Customer and Fyndle. Fyndle Services and Applications include:
ii. Number of Player Participations
1. Player Participations are automatically registered by the fyndle.com application.
iii. The agreement is considered to be made at the time the Customer completes the Customer Registration Form. Fyndle Treasure Hunt. Parts of this
agreement are insoluble after the agreement is made. By entering into the agreement and the use of the Fyndle Services, the Client declares these terms and
Fyndle to be read and understood and agrees to comply its contents and applications.
i. Fyndle will provide the following services to its Customers: making available the Fyndle web application, securely storing the data required for the
Fyndle Services and Applications to operate, to the extent determined in these Terms.
ii. The Customer is responsible for the management and use of the Fyndle Services and Applications and the manner in which the results of the Fyndle
Services and Applications are deployed. Fyndle is not responsible for the purchase and / or correct functioning of the infrastructure of the Customer or
third parties. Customer is solely responsible for the instruction and the use of the Fyndle Services and customer applications by third parties engaged.
iii. Fyndle will inform Customers about any circumstances that may affect the use, operation and availability of Fyndle Services and Applications.
Customers will inform Fyndle immediately if they suspect that third parties have unauthorized access to the Services and applications.
iv. Fyndle does not guarantee that Fyndle Services and Applications are promptly adapted to changes in relevant laws and regulations.
c. Intellectual property
i. The Fyndle Services and Applications are the (intellectual) property Fyndle or of its affiliates or companies whose have obtained the right to use
Fyndle’s rights. The Fyndle Services(s) and Applications are protected by national and international laws and regulations on intellectual property rights,
including copyright. In this context, the Fyndle Services and Applications also include any documentation, database structure, user interface, screen
layout, and similar functions made accessible by Fyndle. The provision of the Fyndle Services and Applications is never intended to transfer any of these
ii. Data and files employed by Customer to make use of the Fyndle Services and Applications or generated using the Fyndle Services and Applications, remain
the full (intellectual) property of Customer or the full (intellectual) property of the enterprise of which Customer has acquired the right to use these
iii. Fyndle grants Customer a non-exlusive, non-transferable right to the Fyndle Services and Applications for the life of the Customer Account, after
iv. The Customer is not allowed:
1. To use the Fyndle Services to use Applications for purposes other than those described in these terms and conditions or to mimic the underlying
software, or in any way change the Fyndle Services and Applications.
2. To gain unauthorized access and/or modify the source files of the Fyndle Services and Applications.
3. Delete characters and attributes of intellectual property rights from any Fyndle Services and Applications
commission of crimes by Customer, its employees or third parties.
v. Not affecting the other rights of Fyndle, Fyndle is entitled to block a Customer’s access to the Fyndle Services and Applications, without any notice or
warning being required if, at sole discretion of Fyndle, the Customer acts in violation of these conditions or any part thereof . When Fyndle blocks a
Customer’s access to Fyndle Services and Applications it is never obliged to refund fees already paid by that Customer.
vi. Fyndle has the right to use a Customer’s company name and / or logo as a reference on Fyndle.com.
d. Processing of personal data
i. The Customer warrants that all of the requirements for the lawful processing are met for personal data entered by the Customer when using the Fyndle
Services and Applications.
ii. The responsibility for the data obtained and/or processed when the Customer uses Fyndle Services and Applications lies with the Customer. The Customer
guarantees to Fyndle that the data is not unlawful(ly) (acquired) and do not infringe the rights of third parties. The Customer gives Fyndle indemnity from
claims made by any third party in connection with the processing of this data or the execution of the agreement.
iii. Under the law governing the processing of personal data (such as the Data Protection Act) the Customer has obligations towards third parties, such as
the obligation to provide information, as well as allow the inspection, correction and removal of personal data of data subjects. The responsibility for
compliance with these obligations rests solely with Customer. The parties agree that, as far as is relevant, Fyndle is considered an “editor” in regard to
the processing of personal data within the context of the Data Protection Act. Fyndle shall, as far as is technically possible, cooperate if a Customer
must meet obligations under legislation concerning the processing of personal data. The costs of such cooperation are not included in the agreed prices and
fees of Fyndle Services and Applications included and are payable by the Customer.
e. Access to Customer Account
i. After creating a Customer Account, Fyndle grants the Customer access to the Services and Applications that the Customer is entitled to.
f. Implementation Fyndle Customer Account
i. During the term of a Fyndle Customer Account Fyndle will endeavor to make available Fyndle Services and Applications to Customers all days, 24 hours a
day. Fyndle does not provide any guarantees with respect to availability. Availability can be interrupted by any number of unforeseen and unforeseeable
causes such as, but not limited to, preventive, corrective and adaptive maintenance, system management, protection, and external causes. Fyndle shall
resume the Fyndle Services and Applications as soon as reasonably possible.
ii. Fyndle can launch and install new versions of the Services and Applications. Fyndle is not required to retain, change or add features of
functionalities of the Fyndle Services and maintain applications, change or add.
iii. Fyndle will do its best to rectify any defects in the Fyndle Services and Applications, if the defects are described in sufficient detail, and to the
sole discretion of Fyndle. Fyndle may, where appropriate, postpone the fixing of defects until a new version of the Fyndle Services and applications will
be made available. Fyndle does not guarantee that defects in parts of Fyndle Services and Applications that are not themselves developed Fyndle will be
corrected. Fyndle is entitled to install temporary solutions or program bypasses or problem-avoiding restrictions. Defects can be reported by sending an
email to [email protected] with a clear description of the defect. Fyndle is never responsible or liable for loss or
corruption of data or for the recovery of corrupted or lost data.
iv. The database and the Fyndle Services and Applications are backed up regularly. Fyndle will save the most recent backups. Fyndle will strive to store
and handle recent backups carefully. Fyndle is never required to make backups available to Customers.
and transmission of data and information, in whatever manner, shall occur at the expense and risk of the Customer, even if they are carried out by Fyndle.
Customer warrants that all materials, information and instructions provided to Fyndle are coorect and complete and were obtained and used in a lawful
vi. The Customer is forbidden to make available any materials when using the Fyndle Services and Applications, which can be considered insulting,
unnecessarily hurtful, discriminatory, inflammatory or otherwise in violation of common values, these Terms, law or of other applicable regulations. This
includes pornographic or sexually explicit material, content that incites violence or hatred directed against a group or individual persons, content in
which personal details of minors are requested, content that stimulates the performance of illegal activities or any illegal activity, and content that
violates intellectual property rights.
vii. Fyndle shall make its best efforts to perform its Services with care. The Services of Fyndle are performed based on a best efforts obligation. Fyndle
does not guarantee that the Fyndle Services and applications will function without errors or defects or interruption or suitable to specific purposes
intended by the customer. Fyndle does not guarantee the accuracy and / or completeness and / or timeliness of Fyndle Services and Applications. Use of the
Fyndle Services and Applications are at the risk and responsibility of the Customer.
viii. Fyndle may modify the content or scope of the Fyndle Services and Applications.
ix. The server on which the Fyndle Services and Applications and supplied by the Customer and generated data is stored is located in the United States. The
location of the server may change and it is not excluded that it will be in the future at a location outside the United States.
g. User Support
i. Customers can direct questions and comments by sending an email to [email protected].
ii. So that Fyndle may answer questions and provide support as well as possible, a customer request must meet the following conditions: a) The notification
must be made bythe Customer, b) All instructions made available by Fyndle regarding the use of the Fyndle Services and Applications are observed and c) the
request contains a sufficiently clear description of the question or comment.
h. Pricing and payment
i. Customer will be billed at the end of each calendar month for each Player Participation recorded within the Treasure Hunts that took place during that
ii. Pricing for the Fyndle Services is as described on www.fyndle.com#pricing.
iii. The Fyndle Player Participation for package fees will be collected from a payment to a bank account (BSB: BSB: 302 985; Account number: 0312069)to the
name of Fyndle Pty. Ltd. via the eWay payment gateway, which supports payment via Credit Card.
iv. Fyndle will invoice Customer electronically by sending an email to the email address of the Customer. This occurs around the end of each calendar
month, provided there is an invoice amount higher than 0. The Customer agrees and will ensure that the specified contact and payment information will
always be correct and complete.
v. Client grants Fyndle the authorization to debit the fee for generating the Fyndle Service(s) from Customer’s bank account. Fyndle will use the
Customer’s credit card details for this.
vi. Payment of fee is required to generate Player Participations in one or more Treasure Hunts. Payment shall be binding periods, when crossing a payment
Customer is immediately in default without any further notice being required. In the event of late payment the Customer, extrajudicial collection costs of
15% of the principal will be charged to the Customer. In addition, Customer is responsible for all other costs which Fyndle must make, in particular with
vii. In case of non-timely payment, if applicable, the full fee for the entire duration of the Customer’s Account is immediately due payable.
viii. All prices and rates are exclusive of GST and other applicable taxes and fees. The fees payable by the Customer shall, if appropriate, be increased
by these taxes and charges.
i. Liability and Indemnity
i. Except in cases of gross negligence, Fyndle accepts no liability for damage resulting from or in connection with the use or inability to use (parts of)
Fyndle of the Services and Applications or the performance or improper or late execution of the Fyndle Services and Applications. Notwithstanding the
foregoing, the liability of Fyndle to the Customer always be limited to the amount paid by the Customer to Fyndle during the period in which the damage
ii. Customer indemnifies Fyndle including its staff against third party claims, in connection with or arising from the use, abuse or inability to use the
Fyndle Services and applications, including but not limited to, an alleged infringement of intellectual property rights and obligations under the Data
j. Transfer of rights
i. Fyndle is permitted to transfer its rights under this Agreement to third parties.
ii. The Customer is only permitted to transfer rights under this Agreement to a third party following receipt of written consent from Fyndle. Fyndle is
entitled to withhold this consent without providing reasons.
k. Other provisions
i. If Fyndle measures its level of service and availability, availability is measured excluding the previously announced decommissioning due to maintenance
and extraneous circumstances that lie beyond the control of Fyndle and in compliance with the service as a whole during the term of the agreement. Barring
any proof to the contrary, Fyndle’s measures of availability and service shall be conclusive evidence.
ii. The Terms set out here and the resultant rights and obligations are governed by Australian law and must be interpreted according to Australian law.
iii. Destruction or invalidity of one of the provisions of these conditions does not affect the legal validity of the remaining provisions.
of www.fyndle.com, If the Customer does not agree to the amended Terms, the Customer may terminate Customer’s account in the manner described in Article 5.
l. Provisions remaining in effect
i. Upon termination or cancellation of the agreement, the 1b, 5 and 5j shall remain in full force and effect.
6. Contact Details
Fyndle Pty Ltd
6/10 Hodgson Avenue
Cremorne Point NSW 2090
Email: [email protected]
ABN: 98 609 338 981