Terms of use
Terms of use
Terms of Use
This agreement is a legally binding contract between you and The Better Change Company, referred to here as “we” or “us,” the creators of the DeepChange mobile application (the "Application"). Please carefully read the following terms and conditions. Alongside our Privacy Policy (accessible at https://www.deepchange.co/privacy.html), these terms (collectively the “Terms”) govern your use of the DeepChange Application and associated services (the "Services") across various media platforms (collectively, the "Platform"). By downloading, accessing, or using any part of the Platform, you agree to be bound by this Agreement. If you have questions or need clarification, please reach out to us at info@deepchange.co.
Who we are
We are The Better Change Company, a registered business in Australia, and we operate the DeepChange Application and related Services. Our primary office is located at 2/13 Wood Street, Manly, NSW 2095. We prioritise your privacy; please review our Privacy Policy (https://www.deepchange.co/privacy.html) for details on how we collect, use, and share information about you. In these Terms, “you” or “your” refers to the user of our Platform.
What we do
Our Platform enables you to accumulate loyalty rewards, referred to as “Change,” by linking your applicable debit or credit card to the Application and making purchases at participating retailers (referred to as “Retail Partners”). Collected Change is directed towards our partner organisations ("Change Partners") who work to reduce ocean plastic pollution.
Registration
To access the full features of the Platform, you must first register and create an account using a valid email address and password (an “Account”). To create an Account, you must be at least 14 years old and legally able to enter into this Agreement under Australian law. When registering, you may be asked to provide a unique pin code sent to your mobile number, which you agree to keep confidential. You are solely responsible for any activities conducted under your Account, whether authorised by you or not. Please notify us immediately at info@deepchange.co if you suspect any unauthorised use of your Account. We are not liable for any loss or damage from your failure to protect your Account information. You agree that the information you provide during registration will be true, accurate, and complete. By creating an Account, you consent to:
(i) accept these Terms electronically, and
(ii) receive notices electronically related to these Terms.
Alternatively, you may register through a third-party service (such as Facebook) if supported. In doing so, you:
(a) authorise us to access and use information from that third-party service, as outlined in our Privacy Policy (https://www.deepchange.co/privacy.html); and
(b) agree to maintain the security of your third-party login credentials, understanding that we are not liable for actions taken via your Account due to a breach of that third-party’s security.
Licence
Subject to these Terms, we grant you a non-transferable, non-exclusive, personal licence to use the Application and Services on supported devices (“Devices”). This licence allows you to download and use one copy of the Application for personal, non-commercial purposes. All other rights are reserved. You agree not to:
(i) copy, alter, or create derivative works of the Application except for backup or operational security;
(ii) rent, lease, sub-license, or otherwise share the Application or Services;
(iii) make modifications to any part of the Application;
(iv) disassemble, decompile, or reverse-engineer any part of the Application, except as permitted by law for inter-operability with other software;
(v) keep all copies secure, maintaining accurate records of where copies are stored;
(vi) include copyright notices on all copies;
(vii) share or make the Application accessible to others without written consent from us; and
(viii) comply with all technology and export control laws that apply to the Application and any associated Services.
All confidential information, copyright, and intellectual property in our technology belong to us or those who licensed us to use it. You have no rights to the Application’s source code.
Further applicable terms when Application downloaded from iTunes
The following terms apply if you acquire our Application from the Apple App Store (referred to as “iTunes-Sourced Software”):
You acknowledge that these Terms are solely between you and us, not Apple Inc. ("Apple"), and that Apple has no responsibility for the iTunes-Sourced Software or its content.
Your use of the iTunes-Sourced Software must comply with Apple’s app store Terms of Service.
Apple has no obligation to provide maintenance or support services for the iTunes-Sourced Software.
If the iTunes-Sourced Software fails to comply with any applicable warranty, you may notify Apple for a refund of the purchase price, if applicable. Apple has no further warranty obligations with respect to the iTunes-Sourced Software, and any other claims, losses, or damages are governed solely by these Terms and any applicable laws governing our provision of the iTunes-Sourced Software.
Apple is not responsible for addressing any claims from you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software. All such claims are governed solely by these Terms and applicable laws.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may rely on these Terms as they pertain to your use of the iTunes-Sourced Software.
You confirm that you are not located in a country subject to a U.S. Government embargo, identified as supporting terrorism by the U.S. Government, or listed on any U.S. Government list of prohibited or restricted parties.
Further applicable terms when Application downloaded from GooglePlay
If you acquire our Application from the GooglePlay Store (referred to as “GooglePlay-Sourced Software”), the following terms apply:
You acknowledge that these Terms are solely between you and us, not Google Inc. ("Google"), and that Google has no responsibility for the GooglePlay-Sourced Software or its content.
Your use of the GooglePlay-Sourced Software must comply with Google Play’s Terms of Service.
Google has no obligation to provide maintenance or support services for the GooglePlay-Sourced Software.
If the GooglePlay-Sourced Software fails to comply with any applicable warranty, you may notify Google for a refund of the purchase price, if applicable. Google has no further warranty obligations, and any additional claims, losses, or damages are governed solely by these Terms and applicable laws governing our provision of the GooglePlay-Sourced Software.
Google is not responsible for addressing claims from you or third parties relating to the GooglePlay-Sourced Software or your possession and/or use of the GooglePlay-Sourced Software, and all such claims are governed solely by these Terms and applicable laws.
Google and its subsidiaries are third-party beneficiaries of these Terms and have the right to rely on these Terms as they relate to your use of the GooglePlay-Sourced Software.
You confirm that you are not located in a country subject to a U.S. Government embargo, identified as supporting terrorism by the U.S. Government, or listed on any U.S. Government list of prohibited or restricted parties.
Messaging and Push Notifications
As part of the Services, you may receive notifications, alerts, emails, advertisements, promotions, or other messages sent directly to your device (“Push Notifications”). You have control over these settings and may opt in or out of Push Notifications through the Services or your device’s settings (except for essential service announcements and administrative messages).
By agreeing to these Terms, you authorise The Better Change Company to send such notifications to your device. We are committed to minimising unnecessary notifications, and opting in to these messages is not a requirement for using the Services.
We may also offer you the option to invite friends or contacts to download the Application and use the Services. If you choose to send an invitation via text message, Facebook, or Twitter, we may suggest content for the message. You have the option to edit this content, and by sending the message, you confirm that the recipients consent to receiving it from you. You are responsible for ensuring that these messages comply with the Rules of Acceptable Use (as set out below).
Our Retail Partners and Change Partners may also display advertisements or promotions to you through the Application, via emails, or by other means. Advertisements may be personalised based on your User Content or other information provided through the Application. When delivering advertisements or promotions, we will use information that identifies you in accordance with our Privacy Policy (https://www.deepchange.co/privacy.html).
Earning Change
Once you use the Services through the Application, you will have the ability to earn Change in a variety of ways (as indicated in the Application). You are responsible for ensuring that Change is properly credited, and you should check your Account regularly.
We reserve the right to adjust, add, or remove the methods by which users can earn Change and earn and redeem DeepChange for any reason and without notice to you at our sole discretion and at any time.
If you believe that Change was not properly accrued to your Account, please notify us by using the “Contact Us” form on our website/Application within 30 days of when you think the error occurred. Please allow 30 days for any claims to be researched and corrected as needed. Our determination will be final. Unfortunately, we cannot guarantee that Change you believe should have been accrued can be credited to you later if we cannot determine the action you took on the Application or at a participating Retail Partner’s store or website (including social media sites). Among other reasons, technical problems with a scanning system or verification of transaction information may result in your action not being detected or verified accurately by the Application. While we try to prevent that from happening, neither we nor our affiliates and/or business partners can be held liable for your inability to accrue Change in such an event.
We do not accept any responsibility or liability for any loss or damage you may incur:
For any loss of revenue, business, anticipated savings, or profits;
Any indirect, special, or consequential loss, damage, or other claims howsoever caused or arising;
Resulting from any transaction via the site with any retailer;
In connection with the accuracy or content of any reviews of products or services displayed on our Site or on any other website that you may access via our Site;
Arising from an inability to access our site, from any use of the site, or from reliance on the data transmitted using the Site where such losses or damages are caused by any event beyond our reasonable control, including as a result of the nature of electronic transmission of data over the internet.
Where we are found to be liable to you, our total liability (regardless of how many claims are brought) shall be the total value of any Change you accrued during the previous 12-month period from when a claim is brought.
In the event we do not receive the expected commission for a transaction for whatever reason, we will not be liable to pay the relevant Change to your account.
DeepChange program
The DeepChange programme allows you to link one or more debit or credit cards (each referred to as a “Card”) to your Account via the Application. When you use a linked Card at participating Retail Partners, you can earn Change for certain qualifying purchases (“Card Change”).
By linking a Card to your Account, you will be directed to a secure site operated by The Better Rewards Company, where you must provide your Card details and consent to certain transaction information being shared with us. This information will be used solely for enabling your participation in the DeepChange programme, validating offers with participating Retail Partners, awarding Change, and providing anonymised reporting to participating Retail Partners. We adhere to the Payment Card Industry Data Security Standard (PCI-DSS) to protect your cardholder data.
Please note:
The Card network or issuer will securely register your Card on our behalf, assigning a unique identifier (non-card number) to be used for your participation in the DeepChange programme.
Once a Card is linked to your Account, you may remove it at any time via the Application. However, the Card network or issuer may continue to provide us with return information from participating Retail Partners for a limited time after removal to complete necessary processes.
You must be a registered user with a valid Australian email address to participate in the programme.
Change may not be credited to your Account until after any relevant return or refund period has expired, typically between 30 and 45 days.
If a transaction is invalidated or does not settle, any pending Change will be removed from your Account. Additionally, returns processed as cash, store credit, or credits to a different card may still affect your Change balance.
Neither we, the Card networks, nor the issuers are responsible for any errors, returns, or disputes associated with your transactions at a participating Retail Partner, nor for any errors in awarding Change. If you experience issues or have questions about Card Change, please contact us via the Application or at info@deepchange.co.
Redeeming Change
Change is accumulated by linking your debit or credit Card to the Application and making purchases at participating Retail Partners. The value of the Change you collect is automatically directed to our partner organisations (“Change Partners”) who are dedicated to removing plastic pollution from the ocean.
How to Redeem DeepChange:
Accumulation: When you make purchases at participating Retail Partners using a linked Card, Change is automatically credited to your Account.
Automatic Transfer: The Change you earn is then automatically transferred to our Change Partners to support environmental initiatives.
Account Balance: You can monitor your Change balance and the environmental impact of your contributions through your Account on the Application.
Notification: You will receive updates and notifications on how your Change is utilised by Change Partners, allowing you to see the positive effects of your contributions.
No Direct Redemption: Since Change is directed to Change Partners, there is no direct redemption process. The rewards system focuses on contributing to environmental sustainability through these partnerships.
Additional Information:
Eligibility: To participate in the DeepChange programme, you must link a valid debit or credit card to the Application and make purchases at participating Retail Partners.
Impact Tracking: The Application provides regular updates on the environmental impact achieved through the programme, detailing the efforts of our Change Partners.
Support and Queries: For any questions about the DeepChange programme, please contact our support team through the Application or at info@deepchange.co.
By participating in DeepChange, you support the removal of plastic pollution from our oceans, turning everyday purchases into positive environmental action.
Rules of Acceptable Use
In addition to other requirements in these Terms, this section outlines specific rules governing your use of the Application and associated Services (“Rules of Acceptable Use”). When using the Application, you must not:
Circumvent, disable, or interfere with any security features of the Application or Services that prevent or restrict copying or usage of content on the Platform;
Use the Platform for any commercial purpose;
Use the Application or Services if you have been suspended or banned from using it;
Create more than one Account, provide false or misleading information in your Account details, impersonate another person, misrepresent your identity, or imply that your User Content comes from someone else;
Modify, interfere with, or disrupt the Application or Services, introduce harmful software (such as viruses, worms, or trojans), send junk or spam messages, collect data from the Application in a manner inconsistent with these Terms, or engage in any illegal activity;
Manipulate the amount of Change you or others earn or alter eligibility for Change in an unfair or unlawful manner;
Submit or share any User Content that includes nudity, violence, or is abusive, threatening, misleading, obscene, or offensive;
Submit User Content without the consent of the content owner, infringe the rights of third parties (e.g., copyright or trademark), or share information about others without permission.
Non-compliance with these Rules constitutes a serious breach of this Agreement. Possible actions, with or without notice, may include:
Forfeiting any Change awarded to you;
Immediate, temporary, or permanent withdrawal of your right to use the Application;
Removal of any User Content contributed by you;
Issuing you a formal warning;
Pursuing legal action, including seeking reimbursement of costs resulting from the breach;
Sharing relevant information with law enforcement authorities if necessary.
These responses are not exhaustive, and we reserve the right to take any other action deemed appropriate.
Termination and Cancellation
You may terminate your Account at any time by deleting your Account through the Application or by emailing us at info@deepchange.co with the subject line “Please cancel my DeepChange membership.” Upon cancellation, your Account will be terminated, and any outstanding Change will continue to be sent to our Change Partners. Termination requests will be processed within 30 days.
We may suspend or terminate your Account without prior notice if you breach these Terms or engage in improper conduct. We also reserve the right to terminate or suspend your access to the Services at any time for any reason, including maintenance or if we discontinue any part of the Services. Following termination, all licences granted under these Terms will end, and any accrued Change will be forfeited.
Upon termination, we have no obligation to maintain any information related to your Account or forward it to you, unless required by law.
Third Party Services, Websites, or Resources
The Application and Services may contain content from or links to third-party services, websites, or resources. We do not endorse and are not responsible for the availability, accuracy, or legality of such third-party websites or resources. Access to these is at your own risk, and we are not liable for any outcomes or damages resulting from your use of them.
Reliance on Information Posted
The commentary and materials posted on our Application are provided for information only and are not intended as advice. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or user. We will not be liable for any inaccuracies or content posted by other users of our Application.
Written Communication
Applicable laws may require certain information or communications from us to be in writing. By using our Application and Services, you agree that most communications with us will be electronic. We will contact you by email or provide information through notices on our Application. For contractual purposes, you consent to this electronic means of communication, and acknowledge that all agreements, notices, information, and other communications that we provide electronically comply with any legal requirement for written communication. This does not affect your statutory rights.
Our Liability/Disclaimers
Your use of the Platform is at your own risk. We provide the Services on an “as is” and “as available” basis and make no promises regarding the security, accuracy, reliability, or timeliness of the Services. We do not warrant that the Services will be error-free or that any issues will be resolved.
To the fullest extent permitted by law, we are not responsible for any of the following:
- Damage to your device, loss of data, personal injury, or property damage resulting from your use of the Services;
- Inaccurate transcription of information, issues with equipment or software associated with the Services, human error, interruptions, or technical problems with electronic transmission;
- Any problems relating to accessing the Application or Services.
We DISCLAIM all liability for any technical failures or errors connected to the Services, including any unintended Push Notifications or notifications sent due to technical failures. We will use reasonable efforts to correct any failures within a reasonable timeframe. If you experience technical issues, please contact us promptly.
Nothing in these Terms shall limit or exclude our liability for:
- Death or personal injury caused by our negligence or that of our employees, agents, or subcontractors;
- Fraud or fraudulent misrepresentation;
- Any other liability that cannot be excluded or restricted under Australian law.
Beyond these exclusions, we will not be liable for any loss or damage that is not reasonably foreseeable.
Indemnity
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Application or Services;
- Your breach of these Terms;
- Your infringement of any third-party rights, including intellectual property or privacy rights.
Changes to these Terms and other documents
We may update these Terms periodically, with the latest version always available at https://www.deepchange.co/terms.html. Our Privacy Policy may also be updated, with the current version available at https://www.deepchange.co/privacy.html.
Updates may be due to changes in the law, new features, or clarifications. Where feasible, we will notify you of significant changes to these Terms or our Privacy Policy via the Application or email. Typically, we will provide notice before changes take effect; however, immediate changes may be made as necessary.
Dispute Resolution
If you have a dispute with us relating to these Terms, the Application, or associated Services, please contact us at support@deepchange.co. We will make reasonable efforts to resolve the dispute informally and within a reasonable timeframe. If we cannot resolve the dispute informally, we will discuss and agree on the most effective way to proceed. Before taking any legal action, we encourage you to comply with any Pre-Action Protocols to minimise time, effort, and costs.
Events outside our control
We are not liable for any failure to perform or delay in performance caused by events outside our reasonable control (“Force Majeure Event”). Force Majeure Events include, but are not limited to:
- Industrial actions (strikes or lock-outs);
- Civil commotion, terrorism, war, or threats of such events;
- Fire, floods, earthquakes, pandemics, or other natural disasters;
- Disruption of public or private transportation or telecommunications networks;
- Governmental restrictions or regulations.
Our obligations will be suspended for the duration of the Force Majeure Event, and we will make reasonable efforts to find a solution or resume our obligations as soon as possible.
Waiver
If we do not insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies available to us, this will not constitute a waiver of those rights or remedies. Any waiver of our rights must be explicitly communicated in writing.
Severability
If any provision in these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
Governing Law and jurisdiction
These Terms, and any dispute or claim arising from them, are governed by Australian law. Any dispute or claim will be subject to the non-exclusive jurisdiction of the courts of Australia.
Contact, Feedback, and Complaints
For any questions, feedback, or complaints, please contact us using the details provided on our website at https://www.deepchange.co.
Acceptance of Terms
By creating an Account, you acknowledge that you accept these Terms. If you do not agree to any part of these Terms, you will not be able to use the Application or associated Services.
Terms of Use
This agreement is a legally binding contract between you and The Better Change Company, referred to here as “we” or “us,” the creators of the DeepChange mobile application (the "Application"). Please carefully read the following terms and conditions. Alongside our Privacy Policy (accessible at https://www.deepchange.co/privacy.html), these terms (collectively the “Terms”) govern your use of the DeepChange Application and associated services (the "Services") across various media platforms (collectively, the "Platform"). By downloading, accessing, or using any part of the Platform, you agree to be bound by this Agreement. If you have questions or need clarification, please reach out to us at info@deepchange.co.
Who we are
We are The Better Change Company, a registered business in Australia, and we operate the DeepChange Application and related Services. Our primary office is located at 2/13 Wood Street, Manly, NSW 2095. We prioritise your privacy; please review our Privacy Policy (https://www.deepchange.co/privacy.html) for details on how we collect, use, and share information about you. In these Terms, “you” or “your” refers to the user of our Platform.
What we do
Our Platform enables you to accumulate loyalty rewards, referred to as “Change,” by linking your applicable debit or credit card to the Application and making purchases at participating retailers (referred to as “Retail Partners”). Collected Change is directed towards our partner organisations ("Change Partners") who work to reduce ocean plastic pollution.
Registration
To access the full features of the Platform, you must first register and create an account using a valid email address and password (an “Account”). To create an Account, you must be at least 14 years old and legally able to enter into this Agreement under Australian law. When registering, you may be asked to provide a unique pin code sent to your mobile number, which you agree to keep confidential. You are solely responsible for any activities conducted under your Account, whether authorised by you or not. Please notify us immediately at info@deepchange.co if you suspect any unauthorised use of your Account. We are not liable for any loss or damage from your failure to protect your Account information. You agree that the information you provide during registration will be true, accurate, and complete. By creating an Account, you consent to:
(i) accept these Terms electronically, and
(ii) receive notices electronically related to these Terms.
Alternatively, you may register through a third-party service (such as Facebook) if supported. In doing so, you:
(a) authorise us to access and use information from that third-party service, as outlined in our Privacy Policy (https://www.deepchange.co/privacy.html); and
(b) agree to maintain the security of your third-party login credentials, understanding that we are not liable for actions taken via your Account due to a breach of that third-party’s security.
Licence
Subject to these Terms, we grant you a non-transferable, non-exclusive, personal licence to use the Application and Services on supported devices (“Devices”). This licence allows you to download and use one copy of the Application for personal, non-commercial purposes. All other rights are reserved. You agree not to:
(i) copy, alter, or create derivative works of the Application except for backup or operational security;
(ii) rent, lease, sub-license, or otherwise share the Application or Services;
(iii) make modifications to any part of the Application;
(iv) disassemble, decompile, or reverse-engineer any part of the Application, except as permitted by law for inter-operability with other software;
(v) keep all copies secure, maintaining accurate records of where copies are stored;
(vi) include copyright notices on all copies;
(vii) share or make the Application accessible to others without written consent from us; and
(viii) comply with all technology and export control laws that apply to the Application and any associated Services.
All confidential information, copyright, and intellectual property in our technology belong to us or those who licensed us to use it. You have no rights to the Application’s source code.
Further applicable terms when Application downloaded from iTunes
The following terms apply if you acquire our Application from the Apple App Store (referred to as “iTunes-Sourced Software”):
You acknowledge that these Terms are solely between you and us, not Apple Inc. ("Apple"), and that Apple has no responsibility for the iTunes-Sourced Software or its content.
Your use of the iTunes-Sourced Software must comply with Apple’s app store Terms of Service.
Apple has no obligation to provide maintenance or support services for the iTunes-Sourced Software.
If the iTunes-Sourced Software fails to comply with any applicable warranty, you may notify Apple for a refund of the purchase price, if applicable. Apple has no further warranty obligations with respect to the iTunes-Sourced Software, and any other claims, losses, or damages are governed solely by these Terms and any applicable laws governing our provision of the iTunes-Sourced Software.
Apple is not responsible for addressing any claims from you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software. All such claims are governed solely by these Terms and applicable laws.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may rely on these Terms as they pertain to your use of the iTunes-Sourced Software.
You confirm that you are not located in a country subject to a U.S. Government embargo, identified as supporting terrorism by the U.S. Government, or listed on any U.S. Government list of prohibited or restricted parties.
Further applicable terms when Application downloaded from GooglePlay
If you acquire our Application from the GooglePlay Store (referred to as “GooglePlay-Sourced Software”), the following terms apply:
You acknowledge that these Terms are solely between you and us, not Google Inc. ("Google"), and that Google has no responsibility for the GooglePlay-Sourced Software or its content.
Your use of the GooglePlay-Sourced Software must comply with Google Play’s Terms of Service.
Google has no obligation to provide maintenance or support services for the GooglePlay-Sourced Software.
If the GooglePlay-Sourced Software fails to comply with any applicable warranty, you may notify Google for a refund of the purchase price, if applicable. Google has no further warranty obligations, and any additional claims, losses, or damages are governed solely by these Terms and applicable laws governing our provision of the GooglePlay-Sourced Software.
Google is not responsible for addressing claims from you or third parties relating to the GooglePlay-Sourced Software or your possession and/or use of the GooglePlay-Sourced Software, and all such claims are governed solely by these Terms and applicable laws.
Google and its subsidiaries are third-party beneficiaries of these Terms and have the right to rely on these Terms as they relate to your use of the GooglePlay-Sourced Software.
You confirm that you are not located in a country subject to a U.S. Government embargo, identified as supporting terrorism by the U.S. Government, or listed on any U.S. Government list of prohibited or restricted parties.
Messaging and Push Notifications
As part of the Services, you may receive notifications, alerts, emails, advertisements, promotions, or other messages sent directly to your device (“Push Notifications”). You have control over these settings and may opt in or out of Push Notifications through the Services or your device’s settings (except for essential service announcements and administrative messages).
By agreeing to these Terms, you authorise The Better Change Company to send such notifications to your device. We are committed to minimising unnecessary notifications, and opting in to these messages is not a requirement for using the Services.
We may also offer you the option to invite friends or contacts to download the Application and use the Services. If you choose to send an invitation via text message, Facebook, or Twitter, we may suggest content for the message. You have the option to edit this content, and by sending the message, you confirm that the recipients consent to receiving it from you. You are responsible for ensuring that these messages comply with the Rules of Acceptable Use (as set out below).
Our Retail Partners and Change Partners may also display advertisements or promotions to you through the Application, via emails, or by other means. Advertisements may be personalised based on your User Content or other information provided through the Application. When delivering advertisements or promotions, we will use information that identifies you in accordance with our Privacy Policy (https://www.deepchange.co/privacy.html).
Earning Change
Once you use the Services through the Application, you will have the ability to earn Change in a variety of ways (as indicated in the Application). You are responsible for ensuring that Change is properly credited, and you should check your Account regularly.
We reserve the right to adjust, add, or remove the methods by which users can earn Change and earn and redeem DeepChange for any reason and without notice to you at our sole discretion and at any time.
If you believe that Change was not properly accrued to your Account, please notify us by using the “Contact Us” form on our website/Application within 30 days of when you think the error occurred. Please allow 30 days for any claims to be researched and corrected as needed. Our determination will be final. Unfortunately, we cannot guarantee that Change you believe should have been accrued can be credited to you later if we cannot determine the action you took on the Application or at a participating Retail Partner’s store or website (including social media sites). Among other reasons, technical problems with a scanning system or verification of transaction information may result in your action not being detected or verified accurately by the Application. While we try to prevent that from happening, neither we nor our affiliates and/or business partners can be held liable for your inability to accrue Change in such an event.
We do not accept any responsibility or liability for any loss or damage you may incur:
For any loss of revenue, business, anticipated savings, or profits;
Any indirect, special, or consequential loss, damage, or other claims howsoever caused or arising;
Resulting from any transaction via the site with any retailer;
In connection with the accuracy or content of any reviews of products or services displayed on our Site or on any other website that you may access via our Site;
Arising from an inability to access our site, from any use of the site, or from reliance on the data transmitted using the Site where such losses or damages are caused by any event beyond our reasonable control, including as a result of the nature of electronic transmission of data over the internet.
Where we are found to be liable to you, our total liability (regardless of how many claims are brought) shall be the total value of any Change you accrued during the previous 12-month period from when a claim is brought.
In the event we do not receive the expected commission for a transaction for whatever reason, we will not be liable to pay the relevant Change to your account.
DeepChange program
The DeepChange programme allows you to link one or more debit or credit cards (each referred to as a “Card”) to your Account via the Application. When you use a linked Card at participating Retail Partners, you can earn Change for certain qualifying purchases (“Card Change”).
By linking a Card to your Account, you will be directed to a secure site operated by The Better Rewards Company, where you must provide your Card details and consent to certain transaction information being shared with us. This information will be used solely for enabling your participation in the DeepChange programme, validating offers with participating Retail Partners, awarding Change, and providing anonymised reporting to participating Retail Partners. We adhere to the Payment Card Industry Data Security Standard (PCI-DSS) to protect your cardholder data.
Please note:
The Card network or issuer will securely register your Card on our behalf, assigning a unique identifier (non-card number) to be used for your participation in the DeepChange programme.
Once a Card is linked to your Account, you may remove it at any time via the Application. However, the Card network or issuer may continue to provide us with return information from participating Retail Partners for a limited time after removal to complete necessary processes.
You must be a registered user with a valid Australian email address to participate in the programme.
Change may not be credited to your Account until after any relevant return or refund period has expired, typically between 30 and 45 days.
If a transaction is invalidated or does not settle, any pending Change will be removed from your Account. Additionally, returns processed as cash, store credit, or credits to a different card may still affect your Change balance.
Neither we, the Card networks, nor the issuers are responsible for any errors, returns, or disputes associated with your transactions at a participating Retail Partner, nor for any errors in awarding Change. If you experience issues or have questions about Card Change, please contact us via the Application or at info@deepchange.co.
Redeeming Change
Change is accumulated by linking your debit or credit Card to the Application and making purchases at participating Retail Partners. The value of the Change you collect is automatically directed to our partner organisations (“Change Partners”) who are dedicated to removing plastic pollution from the ocean.
How to Redeem DeepChange:
Accumulation: When you make purchases at participating Retail Partners using a linked Card, Change is automatically credited to your Account.
Automatic Transfer: The Change you earn is then automatically transferred to our Change Partners to support environmental initiatives.
Account Balance: You can monitor your Change balance and the environmental impact of your contributions through your Account on the Application.
Notification: You will receive updates and notifications on how your Change is utilised by Change Partners, allowing you to see the positive effects of your contributions.
No Direct Redemption: Since Change is directed to Change Partners, there is no direct redemption process. The rewards system focuses on contributing to environmental sustainability through these partnerships.
Additional Information:
Eligibility: To participate in the DeepChange programme, you must link a valid debit or credit card to the Application and make purchases at participating Retail Partners.
Impact Tracking: The Application provides regular updates on the environmental impact achieved through the programme, detailing the efforts of our Change Partners.
Support and Queries: For any questions about the DeepChange programme, please contact our support team through the Application or at info@deepchange.co.
By participating in DeepChange, you support the removal of plastic pollution from our oceans, turning everyday purchases into positive environmental action.
Rules of Acceptable Use
In addition to other requirements in these Terms, this section outlines specific rules governing your use of the Application and associated Services (“Rules of Acceptable Use”). When using the Application, you must not:
Circumvent, disable, or interfere with any security features of the Application or Services that prevent or restrict copying or usage of content on the Platform;
Use the Platform for any commercial purpose;
Use the Application or Services if you have been suspended or banned from using it;
Create more than one Account, provide false or misleading information in your Account details, impersonate another person, misrepresent your identity, or imply that your User Content comes from someone else;
Modify, interfere with, or disrupt the Application or Services, introduce harmful software (such as viruses, worms, or trojans), send junk or spam messages, collect data from the Application in a manner inconsistent with these Terms, or engage in any illegal activity;
Manipulate the amount of Change you or others earn or alter eligibility for Change in an unfair or unlawful manner;
Submit or share any User Content that includes nudity, violence, or is abusive, threatening, misleading, obscene, or offensive;
Submit User Content without the consent of the content owner, infringe the rights of third parties (e.g., copyright or trademark), or share information about others without permission.
Non-compliance with these Rules constitutes a serious breach of this Agreement. Possible actions, with or without notice, may include:
Forfeiting any Change awarded to you;
Immediate, temporary, or permanent withdrawal of your right to use the Application;
Removal of any User Content contributed by you;
Issuing you a formal warning;
Pursuing legal action, including seeking reimbursement of costs resulting from the breach;
Sharing relevant information with law enforcement authorities if necessary.
These responses are not exhaustive, and we reserve the right to take any other action deemed appropriate.
Termination and Cancellation
You may terminate your Account at any time by deleting your Account through the Application or by emailing us at info@deepchange.co with the subject line “Please cancel my DeepChange membership.” Upon cancellation, your Account will be terminated, and any outstanding Change will continue to be sent to our Change Partners. Termination requests will be processed within 30 days.
We may suspend or terminate your Account without prior notice if you breach these Terms or engage in improper conduct. We also reserve the right to terminate or suspend your access to the Services at any time for any reason, including maintenance or if we discontinue any part of the Services. Following termination, all licences granted under these Terms will end, and any accrued Change will be forfeited.
Upon termination, we have no obligation to maintain any information related to your Account or forward it to you, unless required by law.
Third Party Services, Websites, or Resources
The Application and Services may contain content from or links to third-party services, websites, or resources. We do not endorse and are not responsible for the availability, accuracy, or legality of such third-party websites or resources. Access to these is at your own risk, and we are not liable for any outcomes or damages resulting from your use of them.
Reliance on Information Posted
The commentary and materials posted on our Application are provided for information only and are not intended as advice. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or user. We will not be liable for any inaccuracies or content posted by other users of our Application.
Written Communication
Applicable laws may require certain information or communications from us to be in writing. By using our Application and Services, you agree that most communications with us will be electronic. We will contact you by email or provide information through notices on our Application. For contractual purposes, you consent to this electronic means of communication, and acknowledge that all agreements, notices, information, and other communications that we provide electronically comply with any legal requirement for written communication. This does not affect your statutory rights.
Our Liability/Disclaimers
Your use of the Platform is at your own risk. We provide the Services on an “as is” and “as available” basis and make no promises regarding the security, accuracy, reliability, or timeliness of the Services. We do not warrant that the Services will be error-free or that any issues will be resolved.
To the fullest extent permitted by law, we are not responsible for any of the following:
- Damage to your device, loss of data, personal injury, or property damage resulting from your use of the Services;
- Inaccurate transcription of information, issues with equipment or software associated with the Services, human error, interruptions, or technical problems with electronic transmission;
- Any problems relating to accessing the Application or Services.
We DISCLAIM all liability for any technical failures or errors connected to the Services, including any unintended Push Notifications or notifications sent due to technical failures. We will use reasonable efforts to correct any failures within a reasonable timeframe. If you experience technical issues, please contact us promptly.
Nothing in these Terms shall limit or exclude our liability for:
- Death or personal injury caused by our negligence or that of our employees, agents, or subcontractors;
- Fraud or fraudulent misrepresentation;
- Any other liability that cannot be excluded or restricted under Australian law.
Beyond these exclusions, we will not be liable for any loss or damage that is not reasonably foreseeable.
Indemnity
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Application or Services;
- Your breach of these Terms;
- Your infringement of any third-party rights, including intellectual property or privacy rights.
Changes to these Terms and other documents
We may update these Terms periodically, with the latest version always available at https://www.deepchange.co/terms.html. Our Privacy Policy may also be updated, with the current version available at https://www.deepchange.co/privacy.html.
Updates may be due to changes in the law, new features, or clarifications. Where feasible, we will notify you of significant changes to these Terms or our Privacy Policy via the Application or email. Typically, we will provide notice before changes take effect; however, immediate changes may be made as necessary.
Dispute Resolution
If you have a dispute with us relating to these Terms, the Application, or associated Services, please contact us at support@deepchange.co. We will make reasonable efforts to resolve the dispute informally and within a reasonable timeframe. If we cannot resolve the dispute informally, we will discuss and agree on the most effective way to proceed. Before taking any legal action, we encourage you to comply with any Pre-Action Protocols to minimise time, effort, and costs.
Events outside our control
We are not liable for any failure to perform or delay in performance caused by events outside our reasonable control (“Force Majeure Event”). Force Majeure Events include, but are not limited to:
- Industrial actions (strikes or lock-outs);
- Civil commotion, terrorism, war, or threats of such events;
- Fire, floods, earthquakes, pandemics, or other natural disasters;
- Disruption of public or private transportation or telecommunications networks;
- Governmental restrictions or regulations.
Our obligations will be suspended for the duration of the Force Majeure Event, and we will make reasonable efforts to find a solution or resume our obligations as soon as possible.
Waiver
If we do not insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies available to us, this will not constitute a waiver of those rights or remedies. Any waiver of our rights must be explicitly communicated in writing.
Severability
If any provision in these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
Governing Law and jurisdiction
These Terms, and any dispute or claim arising from them, are governed by Australian law. Any dispute or claim will be subject to the non-exclusive jurisdiction of the courts of Australia.
Contact, Feedback, and Complaints
For any questions, feedback, or complaints, please contact us using the details provided on our website at https://www.deepchange.co.
Acceptance of Terms
By creating an Account, you acknowledge that you accept these Terms. If you do not agree to any part of these Terms, you will not be able to use the Application or associated Services.
