Terms & Conditions

1. About Scratchie

1.1. Scratchie is an iOS and Android platform ("Scratchie") that utilises smart phone technology to allow users to:

(a) create a personal profile within Scratchie (the “Profile”); and

(b) receive awards from their principal contractor and/or employer (the “Employer”) to reward users who demonstrate good occupational health and safety practices (the “Awards”),

by using the software and application (“Scratchie”) created, developed and maintained (the "Services") by Scratchie Pty Ltd.

1.2. Access to and use of Scratchie, or any of its associated products or services, is subject to these terms and conditions (the “Terms”). By using, downloading or browsing Scratchie, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of Scratchie immediately.

1.3. Scratchie reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Scratchie updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, you should print off or save a local copy of the Terms for your records.

2. Acceptance of the Terms

2.1. By downloading, accessing and/or using Scratchie, you signify that you have read, understand and agree to be bound by all of the terms and conditions as set out in the Terms and the Scratchie Acceptable Use Policy found at [insert link].

3. The Services

3.1. In order to access the Services, you are required to provide personal information about yourself (such as identification or contact details) as part of the registration process, or as part of your continued use of the Services. You will also be requested to provide Scratchie with:

(a) an email address; and

(b) password.

3.2. You agree that any registration information you give to Scratchie will always be accurate, correct and up to date.

3.3. Once you have completed the registration process:

(a) you will be a registered user of the services (“User”); and

(b) Scratchie will send you an email verifying your email address. By completing the registration process, you agree to be bound by the Terms.

3.4. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Scratchie; or

(b) you are a person barred from receiving the services under the laws of Australia or other countries including the country in which you are resident or from which you use the services.

4. Your account obligations

4.1. As a User, you agree to comply with the following:

(a) not to share your profile with any other person;

(b) use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, which includes but is not limited issuing or receiving the Awards to aid, abet, assist or facilitate any bet, wager, lottery service, gaming service, wagering service, gambling service which includes but is not limited to the placing, making or receiving or acceptance of bets, lottery, lottery tickets or a game which is to be played for money or anything else of value.

(c) you have sole responsibility for protecting the confidentiality of your password and/or email address.  Use of your password by any other person may result in the immediate cancellation of the Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Scratchie of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) you must not expressly or impliedly impersonate another User or use the profile or password of another User at any time;

(f) you understand that Scratchie makes no representations or warranties as to the conduct of its Users or their compatibility with any current or future User;

(g) you agree that you will not broadcast, publish, transmit, up-load, post or upload content to Scratchie which is false, misleading or contains sexually explicit material, references or innuendos;

(h) you agree not to harass, impersonate, stalk, threaten another User of Scratchie;

(i) access and use of Scratchie is limited, non-transferable and allows for the sole use of Scratchie by you for the purposes specified in the Terms and only for the duration of the membership;

(j) you will not use the Services or Scratchie in connection with any commercial endeavours except those that are specifically endorsed or approved by the Terms;

(k) you will not use the Services or Scratchie for any illegal and/or unauthorised use which includes collecting email addresses of other Users by electronic or other means for the purpose of sending unsolicited communication or unauthorised framing of or linking to Scratchie;

(l) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Scratchie for any illegal or unauthorised use of Scratchie; and

(m) you acknowledge and agree that any automated use of Scratchie or the Services are prohibited.

4.2 Awarding Limitations

(a) Scratchie is designed for small, on-the-spot Awards (under AUD $100) given by managers or supervisors to reward safe work practices.

(b) From time to time, senior managers may choose to give an Award of up to AUD $1,000.

(c) Under no circumstances may a user allocate an Award to themselves.

(d) Any misuse of Scratchie, including large or suspect Awards or awarding oneself, may be considered fraudulent conduct and reported to the user’s Employer and/or relevant authorities.

(e) Scratchie reserves the right to review and investigate any Awards that appear unusual, including Awards in excess of AUD $1,000.

5. Scratchie’s Obligations

5.1. As a User you agree that Scratchie is obligated to notify the Employer in the event of Scratchie becoming aware of one or more of the following occurring:

(a) you are in breach of the Terms; and

(b) your data indicates that you are undertaking any form of activity that is in breach of these Terms or the Acceptable Use Policy.

(c) Scratchie may, at its discretion, investigate or notify your Employer if it suspects unusual or potentially fraudulent use of Awards, including instances of self-awarding or awarding amounts exceeding the intended limits.

6. Copyright and Intellectual Property

6.1. Scratchie, the Services and all of the related products of Scratchie are subject to copyright. The material on Scratchie is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of Scratchie (including but not limited to text, graphics, logos, button icons, video images, audio clips, software, code, scripts, design elements and interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by Scratchie or its contributors.

6.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Scratchie, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to:

(a) download Scratchie to a mobile device via a web browser and/or app store;

(b) use Scratchie pursuant to the Terms;

(c) copy and store Scratchie and the material contained in Scratchie in your phone’s cache memory; and

(d) print pages from Scratchie for your own personal and non-commercial use.

Scratchie does not grant you any other rights whatsoever in relation to Scratchie or the material on Scratchie. All other rights are expressly reserved by Scratchie.

6.3. Scratchie retains all rights, title and interest in and to Scratchie and all related content.  Nothing you do on or in relation to Scratchie will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

6.4. You may not, without the prior written permission of Scratchie and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on Scratchie which are freely available for re-use or are in the public domain.

6.5. If you broadcast, publish, upload, transmit, post or distribute any content on Scratchie (“Your Content”), then you grant to Scratchie a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

7. Contact Information

7.1. Scratchie may be contacted by email at info@scratchie.com.

8. General Disclaimer

8.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.  

8.2. Subject to this clause 8, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Scratchie we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

8.3. Use of Scratchie, the Services, and any of the products of Scratchie, is at your own risk. Everything on Scratchie, the Services, and the products of Scratchie, are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Scratchie make any express or implied representation or warranty about its Content or any products or Services (including the products or services of Scratchie) referred to on Scratchie. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on Scratchie, the Service, or any of its Content related products (including third party material and advertisements on Scratchie);

(c) costs incurred as a result of you using Scratchie, the Services or any of the products of Scratchie;

(d) the Content or operation in respect to links which are provided for your convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on Scratchie; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

8.4. Scratchie utilises location based technology to identify your general location to other Users with similar Tags. By using this Scratchie, you acknowledge that your approximate location may be provided to other Users in order to facilitate the Services.

9. Limitation of liability

9.1. Scratchie’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of information to you.

9.2. You expressly understand and agree that Scratchie, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

9.3. Scratchie is not responsible or liable in any manner for any content (including the Content and your Content and third party content) posted on Scratchie or in connection with the Services, whether posted by Scratchie or by third parties.

9.4. Scratchie does not control and is not responsible for the behaviours and actions of its members, their comments, posts or information that they upload. Accordingly, Scratchie is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on Scratchie or in connection with any of the services provided on Scratchie.

9.5. By using Scratchie, you acknowledge that you are solely responsible for ensuring that you do not use the Services in such a way that you will be at risk of personal or psychological harm.

10. Termination of Contract

10.1. The Terms will continue to apply until terminated by either you or by Scratchie as set out below.

10.2. If you intend to terminate the Terms, you may do so by:

(a) notifying Scratchie by giving two (2) weeks’ notice of your intention to terminate the Terms with Scratchie; and

(b) closing your accounts for all of the services which you use, where Scratchie has made this option available to you. Your notice should be sent, in writing, to Scratchie.

10.3. Scratchie may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) Scratchie is required to do so by law;

(c) the partner with whom Scratchie offered the Services to you has terminated its relationship with Scratchie or ceased to offer the Services to you;

(d) Scratchie is transitioning to no longer providing the Services in the country in which you are resident or from which you use the service; or

(e) the provision of the Services to you by Scratchie is, in the opinion of Scratchie, no longer commercially viable.

(f) Scratchie suspects fraudulent or improper behavior, including but not limited to awarding oneself or otherwise breaching the Awarding Limitations set out in these Terms.

10.4. Subject to local applicable laws, Scratchie reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of Scratchie or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Scratchie’s name or reputation or violates the rights of those of another party.

10.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Scratchie have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

11. Indemnity

11.1. You agree to indemnify Scratchie, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on Scratchie or attempts to do so; and/or

(c) any breach of the Terms.

12. Dispute Resolution

12.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

12.2. Notice:

A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

12.3. Resolution:

On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:

(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Sydney, Australia.

12.4. Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

12.5. Termination of Mediation:

If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

12.6. Legal Proceedings:

In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

13. GST

13.1. Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with this Agreement, are listed in Australian Dollars (AUD) and are GST inclusive.

14. Venue and Jurisdiction

14.1. The Services offered by Scratchie are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to Scratchie, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

15. Governing Law

15.1. This agreement is governed by the laws of New South Wales, Australia.  Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

16.1. Both parties confirm and declare that the provisions of this agreement are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

17.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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