Privacy Policy

Guesst App

End User Licence Agreement and Privacy Policy

Version Date: 21 December 2023

 

  1. Acceptance of EULA and amendments to EULA
    • The terms of this document (“EULA“) govern the relationship between the licensee (you) and Compass Group (Australia) Pty Ltd ABN 41 000 683 125 and its related bodies corporate (“Compass“, “we“, “us“) in respect of your use of the App and the Services.
    • By installing, using or accessing the App or the Services, you agree to be bound by the terms of this EULA. If you do not agree with or otherwise do not wish to accept the EULA, do not install, use or access the App and/or the Services.
    • Compass reserves the right to amend the EULA from time to time. We will notify you in-App when you access the App for the first time following the change.  The amendments will be effective 14 days after notification (effective date), unless Compass is required to make the amendments effective earlier to comply with any Law (in which case the effective date will be the date of notification). If you do not agree to any amendments to the EULA, you may terminate this EULA in accordance with clause 11(c). By accessing and using the App or Services after the effective date, you agree to be bound by the amended EULA on and from the effective date.
  2. Definitions

In the EULA:

App

means the “Guesst” application which allows users to access information and Services in relation to our Facilities, and which is licensed by Compass under this EULA.

Apple

means Apple Inc. of 1 Infinite Loop, Cupertino, California, USA.

Apple App Store

means the store operated by Apple through which it makes applications available for devices running the iOS operating system.

Business Day

means a day on which banks are open for business in Sydney, Australia excluding a Saturday, Sunday or public holiday in that city.

Device

means a single device owned or controlled by you.

Facilities

means the sites and other facilities that are owned, operated in, or managed by Compass.

Force Majeure

means:

(a)            an event which renders a party (the “affected party”) unable to carry out the whole or any part of this EULA for any reason beyond its control including (but not limited to) acts of God, natural disasters, epidemics, acts of governments or governmental authorities, strikes or riots, acts of war or terrorism, third party network or telecommunications failures, cyber security attacks inability of suppliers to deliver or provide products or services that occurs without fault on the part of the affected party and any other causes of like nature; and/or

(b)            any delay or failure by a third-party service provider of Compass to provide goods and services to Compass which renders Compass unable to carry out the whole or any part of this EULA, including any failure of Compass’s hosting, technology, and telecommunications service providers.

Government Agency

means any government or governmental, administrative, monetary, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any part of the world and includes any self-regulatory organisation established under statute or any stock exchange.

Improvements

means any suggested amendments or improvements to the App that you submit to us.

Intellectual Property Rights

means any and all present and future intellectual and industrial property rights anywhere in the world including copyright, know-how, designs, patents and trade marks, and any application or right to apply for registration of those rights.

Law

means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time and includes the common law and equity as applicable from time to time.

Provider

means a third party provider that provides you with access to the App.  Examples of potential Providers include Apple and Google Inc.

Services

means services offered by Compass by means of the App from time to time, including those specified in clause 5.1(a).

Update

means an update supplied by Compass that replaces or supplements the original App.

Your Content

means content generated, created, made or otherwise brought about as a result of you using the App and/or the Services or uploaded by you to the App.

  1. App
    • Licence

Subject to the terms of this EULA, Compass grants you a non-exclusive, non-transferable licence to:

  • use the App on a single Device as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (which can be viewed at https://www.apple.com/legal/internet-services/itunes/au/terms.html), or such greater number of Devices as is provided for in Apple’s Usage Rules or permitted under Apple Family Sharing or volume purchasing, if the App was acquired from the Apple App Store; or
  • use the App on a single Device, in all other cases.
  • Term

Subject to clause 11, the licence granted to you in clauses 3.1 is granted for the duration you have the App installed on the relevant Device.

  • Restrictions
    • You must not rent, lease, lend, sell, transfer, redistribute or sublicense the App, or make the App available over a network where it could be used by multiple Devices at the same time. If you sell or otherwise dispose of, transfer or assign any Devices containing the App, any copies of the App must be removed before doing so.
    • Other than as expressly provided in this EULA or otherwise permitted by Law, you must not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, or any part thereof.
  • Intellectual Property Rights

Compass and its licensors retain all right, title and interest to all Intellectual Property Rights subsisting in the App, any Updates, and any part thereof.

  1. Updates
    • Terms

The EULA governs any Updates, unless such an Update is accompanied by a separate licence supplied by Compass, in which case the terms of that licence will govern to the extent provided for.

  • Acknowledgements

You acknowledge and agree that Compass:

  • is under no obligation to provide any Updates;
  • can offer optional paid Updates;
  • can use Updates to add, remove, modify or otherwise alter features of the App at its sole discretion;
  • can require you to install Updates to the App in order to continue using the Services; and
  • can provide Updates in such a manner that the App is unable to be reverted to its previous state.
  1. Services
    • Services offered via the App
      • Services provided through the App include:
        • information regarding the Facilities, including Facility layout and activities;
        • details of the food and drink, or other goods and services, you can purchase at our Facilities, and applicable prices;
        • details of other goods and services that we may sell or make available from time to time, and applicable prices;
        • if and when we make such functionality available, the ability to order and pay for goods (including food and drink) and to book and pay for services via the App.
      • Compass can modify or cease to offer the Services, or any part thereof, at any time without prior notice to you.
      • In addition to the terms in this EULA, you agree that any goods or services you order via the App are subject to any additional terms and conditions notified to you within the App at the time of ordering or booking them (such as pick up location and timing).
    • Use of Facilities

When you attend and or use any of our Facilities, you also agree to:

  • comply with all Laws;
  • comply with any additional terms and conditions use that apply to the Facilities, as notified to you, including additional terms and conditions notified to you within the App.
  • Fees and payment terms
    • You are able to download the App for free and browse the information and content on our App without charge.
    • Certain Services and functionality accessible via the App, for example the ordering of food/drink and other goods and services, is subject to the payment of fees.
    • Any applicable fees will be notified to you in App and if you elect to proceed, you agree that we may process payment using your chosen payment method designated in App.
    • Your payment will be subject to the terms and conditions of payment specified by the payment provider you choose. This may include an additional fee, which is usually calculated as a percentage of your total transaction cost. You will be advised of any such fees that we charge, in relation to the use of your payment platform, at the time you place your order.
    • Payment is required in full at the time of making the order. All prices in App are in Australian Dollars (AUD) and are inclusive of GST (unless stated otherwise at the time of order).
    • Acceptance of an order takes place at the time Compass communicates its acceptance of the order to you, even if your payment has been processed beforehand. Compass reserves the right to reasonably refuse to accept or process your order, including where:
      • the goods or services ordered are not available;
      • we cannot obtain confirmation that your payment has been authorised or received;
      • there has been a pricing or product description error; or
      • you, or the particular order, do not meet any of the requirements of this EULA.
    • Once your order is accepted, we will notify you in App (and/or via other means at our discretion, such as via email or SMS).
  • Errors, cancellations and refunds
    • The information, including pricing and details of goods and services (and their availability) contained in the App, may include inadvertent and occasional errors due to typographical mistakes, miscommunications and/or technical glitches. We reserve the right to cancel orders, and refund your payment, due to such errors or if the items ordered or services booked are no longer available.  We will notify you as soon as possible, either in App, via email or SMS (depending on the App functionality and the details we hold about you) if we cancel your order.
    • If there is any issue with any ordered goods or services, please raise this with Compass staff at the Facility at the time of pick-up/attendance, or contact us (see clause 18).
    • Requests for refunds in relation to ordered goods and services will be dealt with in accordance with applicable Laws and Compass’ refunds policy, and should be raised with Compass staff at the Facility or by contacting us (see clause 18).
  1. User account
    • Requirement
      • In order to use the App and/or the Services, or parts thereof, you will be required to create a user account.
      • Compass may require personal information (including but not limited to your name, postal address, email address, mobile phone number and location data) to facilitate your use and access to the App and Services and your account.
      • Compass may obtain certain details about you which are held by the Provider in order to provide the information we require to create your user account.
    • Limits

You must ensure that:

  • you do not register multiple user accounts, as an individual is only permitted to have a single user account; and
  • you do not allow multiple people to use the same user account.
  • Security
    • You are responsible for protecting the confidentiality of your password.
    • You acknowledge and agree that you will be responsible for any activities engaged in using your account, whether or not access is authorised by you.
    • We may require that you change your password if we suspect the security of your account has been breached.
  • Updates

You must promptly update your account details if any of your contact details (including email address or mobile phone number) change. You will be liable for any unauthorised access or use of your account which results from your failure or delay to notify us of changes to your contact details.

  1. Advertising

You acknowledge and agree that:

  • the App and/or the Services may feature advertisements from us and/or third parties;
  • we may, at its sole discretion, introduce advertising into any App or Services that do not presently contain advertising;
  • we are not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view such third party websites and materials at your sole risk; and
  • any provision of information to third party advertisers by us will be governed by our Privacy Policy (see clause 16).
  1. Your obligations
    • Orders and collections
      • When you order goods (such as food and drink) through the App, you agree to, and are responsible for, collecting your order within the nominated time frame specified within the App from the Facility at the specified pick-up location.
      • In relation to services you have booked and paid for, you must redeem the service in the manner specified at the time of the order (for example, this may require you to attend the relevant Facility at a scheduled time).
      • When you attend to collect an order made via the App or to redeem a service you have booked, you may be required to provide proof of purchase to the Compass staff at the Facility. To do so, you will need to display your Device with the App open so that Compass staff can review your order. Compass staff may refuse to accept screenshots or photos of the App screen. 
      • Compass staff may also request identification to confirm the identity of the person collecting the order / attending the booking.
    • Restricted parties

You warrant and represent that the following statements are true and correct:

  • you are not located in a country that is subject to an embargo by the governments of the United States of America or the Commonwealth of Australia or of a country that has been designated by the United States of America or the Commonwealth of Australia as a “terrorist supporting” country; and
  • you are not included on any list of prohibited or restricted parties by the governments of the United States of America or the Commonwealth of Australia.
  • Third party services and software
    • You may be required to access or use certain third party services or software (for example, a Provider’s software marketplace) and be connected to the internet in order to obtain, install, update, access, use, or continue to access or use the App and/or Services (or certain functionality), and you may be required to update such third party services and software from time to time.
    • You acknowledge and agree that:
      • we are not responsible for such third party services, software or updates including any failure of those third party services to operate in any particular way or at all;
      • third party services and software (including any updates) may be subject to fees and separate terms and conditions, which we strongly recommend you review prior to implementing the third party services, software (or any update);
      • you must comply with any applicable third party terms and conditions when using the App and/or Services;
      • you are responsible for ensuring that your installation and use of the App and/or Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties; and
      • if you are unable or unwilling to obtain, access or install such third party services or software (including any updates), or do not agree to comply with the terms and conditions imposed by such third parties, you may be unable to obtain, install, update, access, use, or continue to access or use features of the App and/or Services that require those third party services or software.
    • The App and Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them.
  • User obligations

By accessing and using our App and/or Services, you agree that you will:

  • provide current, true and accurate information (such as your location) and update us of any information that may be relevant to your use of our App and/or Services;
  • comply with all applicable laws regarding access to and use of the App and Services.
  • Restrictions

You agree that you will not:

  • attempt to disrupt the normal operation of the App or Services, or any infrastructure operated by us, or any of our other business activities;
  • attempt to gain unauthorised access to the App and/or the Services;
  • make any automated use of the App and/or the Services;
  • impersonate any other person in using of the App and/or Services;
  • upload or create any information or content which infringes third party rights (including Intellectual Property Rights) or breaches any Law; or
  • use the App and/or the Services in connection with the actual or attempted contravention of any applicable Laws.
  1. Apple App Store

If you obtained the App from the Apple App Store, you and Compass acknowledge and agree that (to the full extent permitted by applicable law):

  • this EULA is concluded between you and Compass only, and not with Apple. Compass, not Apple, is solely responsible for the App and the content thereof;
  • the license granted to you for the App is a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such App may be accessed and used by other accounts associated with the purchaser via family sharing or volume purchasing;
  • Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  • in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will the responsibility of Compass in accordance with this EULA;
  • Compass, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to:
    • product liability claims;
    • any claim that the App fails to conform to any applicable legal or regulatory requirement; or
    • claims arising under consumer protection, privacy or similar legislation including in connection with the App’s use (if applicable) of Apple’s HealthKit and HomeKit frameworks;
  • in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party’s Intellectual Property Rights, Compass, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; and
  • Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
  1. Support

Unless otherwise specified in this EULA or agreed pursuant to a separate written agreement between you and Compass, Compass will not be obliged to provide you with support the App or the Service, whether by providing advice, training, error-correction, modifications, updates (including Updates), new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to the use of the App or the Service by you.

  1. Termination and suspension
    • A party may terminate this EULA immediately by notice in writing to the other party if:
      • the other party is in material breach of any term of this EULA; or
      • the other party is in breach of any term of this EULA and fails to rectify the breach within 7 days of written notice.
    • We may also terminate the EULA if we decide to withdraw the App from the market (in which case we will endeavour to give you at least 14 days’ notice before doing so).
    • You may also terminate this EULA at any time without cause, by deleting the App from your Device.
    • Upon termination of this EULA, your licence to the App immediately ends, and you must delete the App from your Device and any remaining copies of the App and any associated documentation or otherwise return or dispose of such material in the manner directed by us.
    • Termination pursuant to this clause will not affect any rights or remedies which a party may have otherwise under this EULA or at Law.
    • We may suspend your access to the App or Services where we reasonably believe your access should be suspended, including where:
      • necessary to comply with any Law;
      • we believe that there is a risk of fraud or security breach; or
      • you have not accessed the App for a period of 6 months or more,

and will use reasonable endeavours to notify you of such suspension before doing so, or after doing so where it was not reasonably practicable to provide prior notice.

  • If we have the right to terminate the EULA pursuant to clause 11(a), we may on notice to you, instead of terminating the EULA, immediately suspend your access to the App and/or the Services.
  • Nothing in this EULA limits any right we may have pursuant to this EULA to modify the App by way of Update, including by removing or amending any features or functionality from the App, or to modify, suspend or cease offering the Services or any part thereof.
  1. Warranties and liability
    • Australian Consumer Law
      • In this EULA, “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms “Consumer” and “Consumer Guarantees” have the meaning given to them in the Australian Consumer Law.
      • The Australian Consumer Law provides Consumers with Consumer Guarantees that cannot be excluded, restricted or modified. NOTHING IN THIS EULA HAS THE EFFECT OF EXCLUDING, RESTRICTING OR MODIFYING A CONSUMER’S RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW OR ANY OTHER STATUTORY RIGHTS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED. However, where the Australian Consumer Law permits a supplier of goods or services to limit its liability for a failure to comply with a Consumer Guarantee, Compass limits its liability in accordance with clause 2(b).
    • Exclusion of implied warranties and liability
      • All implied terms, conditions, guarantees and warranties which otherwise might apply to or arise out of this EULA are excluded other than:
        • those set out in this EULA; and
        • any term, condition, guarantee or warranty which cannot lawfully be excluded or modified by agreement under applicable laws including the Consumer Guarantees under the Australian Consumer Law (Non-excludable Terms).
      • To the maximum extent permitted by law (but subject to clause 1), if Compass is liable for any loss or damage suffered or incurred by you for a breach of a Non-Excludable Term and it is lawfully permissible to limit liability for breach of such Non-Excludable Term, Compass’ liability is limited (at its option acting reasonably) to:
        • in the case of goods, including the App (to the extent the App is considered a “good” under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
        • in the case of services, including the Services – supplying the services again or paying the cost of having the services supplied again.
      • General Disclaimers

WITHOUT LIMITING YOUR RIGHTS AND OUR OBLIGATIONS UNDER THE AUSTRALIAN CONSUMER LAW AND OUR LIABILITY TO YOU IF WE BREACH ANY NON-EXCLUDABLE TERMS (WHICH ARE SUBJECT TO CLAUSES 12.1 AND 12.2):

  • given the nature of software and the internet, the App and Services cannot be guaranteed to be error free, uninterrupted and available at all times; and
  • the App and Services (including any information supplied therein) are provided on an “as is” and “as available” basis.
  • Exclusion and limitation of liability

Except for liability to which clause 12.1 and 12.2 applies, and subject to clause 12.5:

  • neither party is liable to the other party for any indirect or consequential loss that the other party may suffer or incur in connection with this EULA; and
  • a party’s total aggregate liability to the other party for any loss or damage suffered or incurred by the other party in connection with this EULA is limited to an amount which is equal to the fees you have paid to us via the App in the 12 month period preceding the event giving rise to the claim,

whether arising under contract, tort (including negligence), under statute or otherwise.

  • Exceptions

The exclusions and limitations of liability in clause 12.4 do not apply to:

  • liability for injury to or death of any person or damage to property caused by a party’s negligent act or omission;
  • infringement of the other party’s Intellectual Property Rights;
  • liability under an indemnity specified in this EULA; and
  • liability for fraud, criminal conduct, wilful misconduct or fraudulent misrepresentation, or for any matter which it would be illegal to exclude or limit.
  • Proportionate reduction of liability

A party’s liability in connection with this Agreement (including under an indemnity) will be proportionately reduced to the extent that the claims, damages, losses and expenses were caused or contributed to by other party or could reasonably have been avoided or mitigated by the other party once the other party became aware of the relevant circumstances.

  1. Indemnity
    • You will indemnify Compass against all damages, losses and expenses which Compass directly suffers or incurs in connection with any third party claims against Compass that are caused by your breach of this EULA.
    • We will indemnify you against all damages, losses and expenses which you directly suffer or incur in connection with any third party claims against you that the App, when the App is used in accordance with the terms of this EULA, infringes third party Intellectual Property Rights.
  2. Intellectual Property
    • No transfer

This EULA does not constitute a transfer or conveyance of any Intellectual Property Rights owned by us as at the date of this EULA, including but not limited to all Intellectual Property Rights associated with the App and the Services, and its functionality, features and content, or operate as a future transfer of any Intellectual Property Rights owned by us any time thereafter.

  • Acknowledgement

You acknowledge that the App and any materials provided in the course of the Services are protected by copyright and may also be protected as other forms of Intellectual Property Rights owned by us or our licensors.  You will not during or at any time after the termination of this EULA undertake or permit any act which infringes or attempts to infringe those Intellectual Property Rights and, without limiting the generality of the foregoing, you specifically acknowledge that you must not copy the App except as otherwise expressly authorised by this EULA.

  • Improvements

You grant to us a perpetual, world-wide, non-exclusive, sub-licensable, royalty-free and non-exclusive licence to use any Improvements.

  • Your Content
    • To the extent that any Intellectual Property Rights are contained in Your Content, you will retain ownership of such rights, and you hereby grant to Compass a worldwide, perpetual, irrevocable, royalty-free, transferable and sub-licensable licence to use, exploit and modify Your Content as reasonably required for our business purposes and to provide you with the App and Services. You warrant that you have the right to grant this licence and to upload Your Content and that our use of Your Content in accordance with this EULA will not breach any third party Intellectual Property rights and privacy rights.
    • You further consent to us and our successors, assigns and licensees doing anything in respect of Your Content which would, but for this consent, infringe your moral rights.
    • If Your Content contains any personal information relating to any other person, you must comply with the Privacy Act 1988 (Cth) and any other applicable privacy laws when submitting that information, including by obtaining any consents from (and giving any notices to) that other person which may be required by law.
  1. Security
    • Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information and keep your personal information confidential, we do not warrant and cannot ensure the security of any information transmitted to us by you. Accordingly, any information transmitted to us via the App is transmitted at the risk of the sender. Nevertheless, once we receive transmissions from you, we will take reasonable steps to preserve the security and confidentiality of your personal information.
    • You must take your own precautions to ensure that the process which you employ for accessing the App and/or the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage their Devices or computing systems.
    • You must take all reasonable steps to protect the security of your Device, your data and computing systems, including by ensuring you don’t have any viruses or other mechanisms capable of recording your passwords or access codes to the App.
    • If you suspect that there has been unauthorised access to your account or there is any other security breach or issue relating to the App, Services or your account, you must notify us immediately (see clause 18 for contact details) and change your account password.
  2. Privacy, data and geographical information
    • Privacy statement
      • Use of the App and Services is subject to our Privacy Policy located at https://www.compass-group.com.au/privacy-policy/.
      • We may collect your personal information via your use of the App and via the Providers for the purposes of:
        • providing and allowing you to access and have the benefit of the Services and the App;
        • ensuring your use of the App complies with this EULA; and
        • communicating with you, including via in App push notifications and electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner,

as well as other purposes that are described in Compass’ Privacy Policy.

  • The types of information we collect depends on the App and Services you elect to use and receive. The minimum information we need to provide basic App functionality is your name, contact phone number, email address and a password. We may also collect the following information:
    • your address and phone number;
    • payment details (such as your credit card information) to process any transactions you make via the App;
    • details of the goods and services being sought;
    • if you have GPS enabled Device and have this feature turned on, or if you allow us to access your location, we may collect your location information from third party services where you have enabled it and if you request a service that requires your location;
    • information about the devices and networks that you use to access the App to help us develop and secure our App and Services (such as information collected via cookies); and
    • details of your use of the App and Services.
  • We may disclose your personal information:
    • on a confidential basis to our employees, suppliers, contractors, service providers, professional advisers and related entities, in order to run our business, and to provide you with the App functionality and Services you request; and
    • to any third parties to whom you have directed or permitted us to disclose your personal information, or where we are permitted or required to do so by law.
  • We may make disclosures of your personal information to recipients based overseas, including to our third party service providers based in USA, India, and the UK.
  • Unless you have previously instructed us otherwise, you consent to your personal information being used to contact you with special offers, news and information about our products, services and promotional offers, including contacting you via electronic messaging. You can opt out of receiving direct marketing communications by contacting us (see clause 18 for contact details).
  • If you don’t provide the information we request, you may not be able to set up an account, use the App (or certain functionality and features) or be able to utilise the Services.
  • Our Privacy Policy contains information about:
    • how you can seek access to the personal information we hold about you and seek the correction of such information; and
    • how you can complain about a privacy breach and how we will deal with such complaints.
  • Usage data and de-identified data
    • You agree that we may collect and use non-personally identifying data, including but not limited to information about the App, the Services, the Devices and its usage. We may use this information (as long as it is in a form that does not personally identify you) to:
      • improve our goods and services;
      • to suggest or provide particular goods or services to you; and/or
      • for our external business purposes, including via the provision of reports and services to third parties that are based on or utilise the relevant data.
    • We may also use Your Content, including personal information, in a de-identified form (that is, in a form which removes or obscures any personal identifiers so that you are no longer reasonably identifiable) to assist us in running our business, to improve our products and services and to provide reports to third parties (such as statistical reports about products, services and trends).
  • Consent to the collection and use of your information

By entering into this EULA, and each time you log into your account via the App, you consent to us collecting, using, disclosing and handling your information as set out in our Privacy Policy and this EULA.

  1. General
    • Assignment and sub-contracting
      • You cannot assign, novate or otherwise transfer any of your rights or obligations under this EULA without our prior written consent (not to be unreasonably withheld or delayed).
      • We can assign, novate or otherwise transfer any of its rights or obligations under this EULA, on written notice to you (including notice via the App), to an affiliate or to any third party purchaser of our business (purchaser), provided that such affiliate or purchaser (as applicable) agrees in writing in favour of the other party to be bound by the terms of the EULA.
      • We may subcontract the performance of our obligations under this EULA to any person, but will remain liable to you for the performance of its obligations notwithstanding any such sub-contracting.
    • Waiver

A party’s rights or remedies under this EULA are not waived by it unless such waiver is in writing and signed by the party granting the waiver. No delay or omission of a party in exercising any rights or remedies shall operate as a waiver of such rights or remedies.

  • Severance

If a provision in this EULA is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from this EULA for the purposes of that jurisdiction.  This does not affect the validity or enforceability of the remainder of the provision or any other provision of this EULA.

  • Governing law and jurisdiction

The EULA is governed by and is to be construed under the laws in force in Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with the EULA. 

  • Further assurances

Each party will, at its own expense, do all things and execute all further documents necessary to give full effect to the EULA and the transactions contemplated by it.

  • Entire agreement

The EULA constitutes the entire agreement between you and us regarding access and use of the App and Services and supersedes all previous agreements and understandings in respect of its subject matter. 

  • Clauses that survive termination

Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this EULA, clauses 3.3, 3.4, 12, 13, 14, 16, 17.4 and this clause 17.7 survive the termination of the EULA.

  • Notices

Any notice required to be given to you under this EULA may be given by Compass to you by any legal means, including notification via the App.  Any notices required to be given by you to Compass under this EULA must be sent by mail or email to the contact details set out in clause 18.

  • Interpretation

In the EULA unless a contrary intention is expressed:

  • a reference to a ‘person’ includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any Government Agency (whether or not having a separate legal personality);
  • other parts of speech and grammatical forms of a word or phrase defined in the EULA have a corresponding meaning;
  • a reference to a party to any document includes that party’s successors and permitted assigns;
  • a provision of the EULA may not be construed adversely to a party solely on the ground that the party (or that party’s representative) was responsible for the preparation of the EULA or the preparation or proposal of that provision;
  • the words ‘include’, ‘including’, ‘for example’, ‘such as’ or any form of those words or similar expressions in the EULA do not limit what else is included and must be construed as if they are followed by the words ‘without limitation’, unless there is express wording to the contrary;
  • if a period of time is specified and dates from a day or the day of an act, event or circumstance, that period is to be determined exclusive of that day;
  • if an act or event must occur or be performed on or by a specified day and occurs or is performed after 5.00 pm on that day, it is taken to have occurred or been done on the next day; and
  • if anything under the EULA is required to be done by or on a day that is not a Business Day that thing must be done by or on the next Business Day.
  1. Contact

In the event that you need to contact us regarding the EULA, the App and/or the Services, please use the following details:

Compass Group (Australia) Pty Limited

PO Box 7082

McMahons Point NSW 2060

T: (02) 9797 4900

E: companysecretary@compass-group.com.au