These Terms and Conditions apply to your participation in the Shouta New User Referral Program (the Program) as provided by Shouta (defined below) .
Under the Program, existing Shouta users can access the $10 Referral shout by sending three (3) shouts valued at between AUD$5 and $250 each to new unregistered Shouta users that claim their shout by registering via the Shouta App from the 21st of June, 2022 at 12am (AEST) until 20th of July, 2022 at 12pm (AEST).
This Program is made available at Shouta’s discretion, as an additional incentive to Users.
You may be entitled access to Shouta New User Referral Program, however the ongoing operation of and your participation in the Program is not guaranteed by Shouta.
Shouta retains the right to change or cancel the Program at any time pursuant to these Terms and Conditions.
Additional terms and conditions may apply to the redemption of the $10 Referral shout.
It is a Program Member’s responsibility to ensure that they read and understand these Terms and Conditions both before enrolling in the Program, and as amended from time to time. Shouta recommends that Program Members check the Terms and Conditions periodically.
You may opt-out of this Program at any time in accordance with these terms by contacting support.
In these Terms and Conditions, unless the contrary intention appears:
- we,'' “us” or “our” means Shouta; and
Unless the context otherwise requires, the following definitions apply:
‘Shouta’ means any of the promotions offered or available to a Program Member as a result of his or her participation in the Program;
‘Qualifying shouts’ are shouts used to determine your eligibility to receive a $10 Referral shout;
‘$10 Referral shouts’ are shouts that you may receive in exchange when you send three (3) shouts to three (3) new unregistered Shouta App users;
‘Shouta’ means Shouta Pty Ltd and its Related Affiliates;
‘Shouta App’ means the Shouta mobile smart phone application;
Participation in the Program is a privilege granted to Program Members and is not guaranteed and may be revoked at any time in Shouta’s sole discretion in accordance with these Terms and Conditions.
You are only eligible to participate in the Program if you:
- currently own an Australian smartphone;
- have a valid Australian mobile phone number;
- are at least 18 years old; and
- have a current and valid Shouta App account.
Eligible Program Members will be able to access $10 Referral shouts via the Shouta App.
You must not share your Shouta account with any other person or have multiple accounts.
You must continue to meet the Program Eligibility requirements to earn Referral shouts.
- Earning $10 Referral shouts
You may earn $10 Referral shouts at the time Shouta processes a transaction for:
- every three (3) eligible shouts you send to a new unregistered Shouta App user; and
- each new must register via the Shouta App to claim the shout
via the Shouta App (each an Eligible Transaction).
Please note whether or not a shout transaction is an Eligible Transaction and the applicable shout value will be determined based on the information provided by Shouta in its sole discretion
- by direct communications sent to a Program Member; or
- via the Shouta App.
Unless otherwise specified, $10 Referral shouts will not be earned in relation to:
- Any shouts sent via WebShouts;
- any shouts sent via Shouta Biz;
- any shouts sent to existing Shouta registered users; or
- any shouts sent to an individual that does not register and claim the shout via Shouta App.
(collectively the Exclusions)
Exclusions may change from time to time in accordance with these Terms and Conditions.
In addition, the number of $10 Referral shouts that can be earned for each Eligible Transaction is subject to change in accordance with these Terms and Conditions.
Acting reasonably, Shouta will have sole discretion in decisions relating to the Shouts credited to your Shouta balance.
- Transactions that do not earn Referral shouts
You will not earn $10 Referral shouts on:
- Shouta Biz.
- Shouts sent to existing Shouta registered users.
- Shouts that are not claimed by the recipient.
(each an Ineligible Transactions)
Ineligible Transactions may change from time to time in accordance with clause 14.
- Revocation of $10 Referral shouts
Shouta may revoke Referral shouts or adjust your Shouta balance where:
- the applicable transaction for which the Referral shouts were earned, is refunded; or
- acting reasonably, Shouta believes, in its reasonable opinion, that such shouts were earned through or in connection with any fraud, abuse of the Shouta App or in violation of these Terms and Conditions.
- Converting Redeemable $10 Referral shouts
Once you have sent three (3) shouts valued between AUD$5 to $250 you will receive a $10 Referral shout once the shoutee’s have registered via the Shouta App and claimed their shout. The Referral shout will be added to your Shouta card balance.
Redemption of available shouts may be subject to additional terms and conditions, which may change from time to time without notice to you (see clause 8).
- Referral Program benefits
All $10 Referral shouts made available in connection with the Program are granted at the discretion of Shouta, and Shouta does not guarantee the continued availability of shouts.
$10 Referral shouts are not redeemable for cash.
$10 Referral shouts are only available for use in Australia.
Shouta may at its discretion provide certain Program Members with personalised offers (and therefore rewards may differ amongst Program Members).
Shouta will take reasonable care when advertising the shouts.
Should the Program Member have any claim regarding the shout, the Member should direct that claim to Shouta support.
Shouta, acting reasonably, may at any time and without prior notice to Program Members withdraw, modify, or cancel the shouts offered to or advertised as being potentially available for redemption.
Program Members acknowledge that:
a) Referral shouts may be of limited availability;
b) Referral shouts may be offered for a limited time; and
c) Referral shouts may be subject to the terms and conditions.
- How To View Shout Balances
You can view your current Shouta card balance in the "Card” tab which is located in the Shouta App.
- Shouta card balance errors
If you think your Shouta card balance is incorrect, you must tell us as soon as possible after becoming aware of such an error. In any case, you must use reasonable endeavours to tell us before the end of the Program Period in which the $10 Referral shout should have been earned.
You may report incorrect balances via the "Contact us" section in the Shouta App. Shouta will investigate all reported errors and may ask you to provide additional information or supporting documentation. If you do not provide Shouta with any requested information or documentation, Shouta may not be able to correct any error and/or award you any shouts. Shouta is not responsible for any delay or failure of a Program Member to notify Shouta of any such errors.
Please be aware that it may take up to four (4) weeks for $10 Referral shouts to be credited to your Shouta card balance once your shoutee’s have registered via the Shouta App and claimed their shout.
You should retain all shout transaction receipts and documentation until your $10 Referral shouts are credited to your Shouta card balance.
- Suspension or termination of Program
Shouta gives no warranty as to the continuing availability of the Program. Shouta may terminate or suspend the Program at any time. Wherever possible, Shouta will give notice to Program Members of such termination or suspension in accordance with clause 14, and Program Members will be able to redeem their current $10 Referral shout balance during the notice period in accordance with these Terms and Conditions.
- Suspension, blocked or termination of Shouta account
Shouta may block, suspend or terminate your Shouta account or the Program at any time and without notice where you:
- fail to comply with these Terms and Conditions; or
- provide misleading information or make any misrepresentation to Shouta in connection with the Program.
If Shouta intends to take action under this clause, it will notify the Program Member of its intention and the reason for that action in accordance with clause 14. The Program member will then have 14 days to respond to the notice by rectifying the breach (where possible) and providing any reason why Shouta should not take action. Shouta will review the response and advise the Program Member of its decision.
A Program account will terminate automatically upon the death of the Program Member. All $10 Referral shouts earned but not yet redeemed prior to the death of a Program Member will be cancelled with effect from the date of death. Shouta will close a Program Member’s account on notification of a Program Member’s death.
You may also terminate your Program account at any time by contacting Shouta support.
Shouta will not be liable to your for the termination of the Program for any reason whatsoever, including (without limitation) for any shouts in your account at the time of termination.
- Effect of block, suspension or termination of your Shouta account
If your Shouta account is blocked or suspended for any reason whatsoever, Shouta may cancel any shouts until any review is completed. You will not be able to earn $10 Referral shouts during this period.
If your Program account is terminated for any reason whatsoever, you will no longer be a Program Member and all shouts and other benefits earned during the relevant Program Period will be forfeited immediately. No $10 Referral shouts will be earned after the effective date of termination.
Where you have chosen to terminate your Program account, $10 Referral shouts cannot be re-credited if you choose to reopen it.
Termination of your Shouta account will not affect any shouts you have redeemed prior to the effective date of termination.
If we have terminated your Shouta account for your fraud or non-compliance with the Terms and Conditions, you will not be able to participate in or re-join the Shouta App.
In addition, if you permanently lose access to the Shouta App, your Shouta account will be automatically terminated in accordance with the above.
- Program changes
Shouta may modify any part of the Program at any time.
If Shouta reasonably believes a change to any part of the Program will have a detrimental impact on you or other Program Members, Shouta will provide you with 14 days’ notice of such change, at our sole discretion:
- via the Shouta website;
- by direct communications sent to a Program Member; or
- via the Shouta App.
Examples of changes which may have a detrimental impact may include:
- changes which govern how $10 Referral shouts are earned on and after the date of change; or
- changes to the number of shouts sent required to access a $10 Referral shout; or
- termination of the Program (ie an end to the Program for all eligible Program Members).
For the avoidance of doubt and in accordance with clause 11, Shouta, acting reasonably, may at any time and without notice to Program Members withdraw, modify or cancel the $10 Referral shout offered to or advertised as being potentially available for redemption.
It is your responsibility to review the Terms and Conditions regularly to ensure that you are aware of any changes to the Program or the Terms and Conditions. You agree that your continued participation in the Program or access to or use of your Shouta account shall be deemed your acceptance of any modifications to the Terms and Conditions. Unless stated otherwise, any and all changes and/or amendments to the Terms and Conditions will become binding upon all Program Members immediately.
If you do not agree to any changes to the Terms and Conditions you may terminate your Program account at any time by contacting Shouta support (see clause 11 and 12 above).
- Assignment and transfer of Rights
Shouta may assign or transfer any or all of its respective rights or obligations under the Terms and Conditions or the Program, in whole or in part, without obtaining your prior consent.
- Interpretation of Terms and Conditions
Shouta will have sole discretion in interpreting the Terms and Conditions but Shouta will act reasonably in doing so. Shouta's decisions will be final.
- Personal information
a) to facilitate the Program Member’s participation in the Program;
b) for operational management of the Program;
c) to enable Shouta to market products and services to the Program Member;
d) to improve Shouta services, including by way of market and behavioural research; and
e) for detecting and preventing fraud.
Shouta may collect the Program Member’s personal information from: (1) the Program Member directly, including when the Member is logged into the Shouta App.
For the reasons described above, Shouta may disclose a Program Member’s personal information to:
a) its related bodies corporate (as that term is defined in the Corporations Act 1999 (Cth)); and
b) other third parties, such as law enforcement agencies and courts, in order to comply with its legal obligations.
These parties may be located in a country other than the country in which a Program Member is based.
This clause survives the termination of these Terms and Conditions and the termination or suspension of the Program.
- Marketing consent
It is your responsibility to notify Shouta if you personal details change (including but not limited to your email address or phone number). If Shouta does not have your correct details, Shouta may not be able to contact you about your account or send your $10 Referral shouts.
For the avoidance of doubt, this clause is not applicable to Program Members who have otherwise unsubscribed from/opted out of receiving marketing and promotional communications from Shouta.
You acknowledge that unsubscribing/opting out of these communications will affect Shouta’s ability to provide the Program Member with all the Benefits that would otherwise be available to the Program Member. You can opt-out of all marketing communications from Shouta by contacting support.
Shouta is not responsible for any unauthorised use of your Shouta account, except where our act or omission caused the unauthorised use. For security reasons, Shouta may, from time to time, request information from you to confirm your identity before it will allow you to use your Shouta App account and Shouta card balance. If you do not provide Shouta with such information, Shouta may delay or refuse to provide you with access to your Shouta App and Shouta card balance.
To the fullest extent permitted by applicable law, including the Australian Consumer Law, Shouta disclaims all warranties, express or implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose.
- Limitation of liability
Certain legislation, including the Competition and Consumer Act 2010 (Cth) (the Act) may limit Shouta's ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified, except to a limited extent. The Terms and Conditions must be read subject to such statutory provisions.
If Shouta is liable to you under the Act or similar legislation, to the extent which Shouta may do so, Shouta limits its liability in respect of any claim under these Terms to, at Shouta's option:
- reinstating number of $10 Referral shouts in dispute;
- where the dispute relates to a shout, the number of shouts sent required to redeem the $10 Referral shout.
- Governing law
These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, excluding its rules on conflicts of laws.
If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force.