TERMS AND CONDITIONS OF USE

1. These Terms and Conditions (Terms) and the privacy policy located at https://customercollective.insightiq.com.au/TermsConditions?document=PrivacyPolicy (Privacy Policy) govern your use of the community located at customercollective.insightiq.com.au (Community). Kmart Australia Limited (ACN 004 700 485) ( Kmart) has appointed T Garage – Strategy and Research Pty Limited (ACN 613 775 143) (referred to as we, our and us in these Terms) to manage and operate the Community.

2. As a condition of use of the Community, you must have read, understood and agreed to these Terms by your use or registration at customercollective.insightiq.com.au . By using the Community, you must also agree to follow and be bound by the Privacy Policy.

3. If you do not agree to these Terms and Privacy Policy, do not access or use the Community.

LEGAL CAPACITY TO ENGAGE WITH THE COMMUNITY

4. You must be over the age of 18 years in order to register and participate. If you are under the age of 18 years, you will not be allowed to be part of the Community.

Eligibility

5. Registration is only open to NSW, ACT, VIC, WA, TAS, SA, NT and QLD residents.

6. Employees (and their immediate families) of us or Kmart and agencies associated with this Community are not permitted to register.

Community ownership

7. The Community is owned by Kmart. We own all right, title and interest (including intellectual property rights (IP)) in the platform on which the Community is hosted (Platform).

Use of Community by you

8. You must agree to only use the Community for purposes outlined in these Terms.

9. You acknowledge your use of the Community is pursuant to a personal, non-transferable and non-exclusive right and limited licence from us only to use the information, data, text, software illustrations, photos, audio, video, or other content (excluding trademarks) published on the Community as a member of the Community and to post comments, ideas, participate in surveys, join online discussions or provide any other content to the Community.

No commercial re-use of the Community

10. You agree to use the Community only for your non-commercial and personal use.

11. You are not permitted to reproduce, copy, sell, trade, re-sell or exploit the Community or any content published on the Community for any commercial purposes.

Use of trademarks

12. You are not permitted to use the trademarks on the Community for any purpose whatsoever.

Ownership of Community Content and IP

13. All content (including trademarks) on the Community is the exclusive property of us and Kmart and protected by law.

14. You will not copy, archive, distribute, republish, upload, post or transmit the content contained on the Community without the prior written consent of us or Kmart (which may be withheld by us or Kmart in our absolute discretion).

15. You may not include a link to the Community or display the contents of the Community surrounded or framed or otherwise juxtaposed or associated with other content in any manner without our and Kmart’s prior written consent.

Use policy

16. You are personally responsible for all the Content you upload, post, email and submit to the Community.

17. ‘Content’ is defined as any information you share on the Community that will include the following:

• forum posts
• survey responses
• imagery
• opinions
• ideas

18. You warrant and agree that you are prohibited from using the Community directly and indirectly:

• for any activity which is in breach of any law or in breach of these Terms;
• to post or transmit any information or data, text, files, links, software or any other content we or Kmart consider to be or may deem to be in breach of any intellectual property, privacy, publicity or other rights, or which is offensive, racist, harassing, abusive, misleading, defamatory, obscene or otherwise objectionable, unsuitable for publication or which offends any person or which prevents any other user from using or enjoying the Community, or which threatens our or Kmart’s relationship with customers, suppliers or partners; and
• to post submissions on the Community that damages or may damage the image of us or Kmart, other users or third parties.

19. You are prohibited from:

• making any modifications to the Community or hindering the operation of the Community;
• creating any frames at any other websites pertaining to any portions of the Community;
• posting or transmitting any executable programming of any kind, including trojan horses, viruses, spyware or any other form of computer programming or any other disabling feature to the Community;
• knowingly providing registration information that is not truthful;
• collecting information about others without their consent; and
• engaging in any other conduct we or Kmart consider is inappropriate conduct for use of the Community.

Content submitted by you

20. By contributing, you are granting us, Kmart, its affiliates and third-party vendors a worldwide, royalty-free, non-exclusive perpetual, fully paid up, irrevocable licence to use, distribute, reproduce, publish, translate, modify and adapt your contributions.

21. Your contributions hereafter become Kmart’s IP.

22. Occasionally we or Kmart may use your content in marketing activities, such as catalogues, magazines, social media (e.g. Facebook, Instagram), online video, or the Kmart website. This content may include your verbatim quotes, opinions, votes or survey results. All content used in marketing activities will be deidentified, and you will remain anonymous.

23. You represent and warrant that you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

Right to publish, use and acknowledgement

24. We and Kmart reserve the right to:

• decline to publish your Content or remove any of it in its absolute discretion it considers to be inappropriate for any reason;
• monitor and review the use of the Community by you; and
• store and disclose any information collected to ensure your compliance of these Terms.

Activities and Rewards

25. From time to time you may have the opportunity to participate in activities (such as surveys, polls, research, focus discussion groups, online forums, chat sessions, promotions, competitions, games, incentives and marketing activities, and sampling, consuming and using products) ( Activities), some of which may include the opportunity to receive rewards (such as product samples, gift cards, vouchers, awards, rewards or prizes)(Rewards). All Activities and Rewards are established, managed, operated and supplied by us. Some Activities will be open to all Community members, while others will be open to members who are selected using criteria determined in the absolute discretion of us or Kmart. The purpose of the Activities is to generate discussion, feedback and opinion in relation to products and other matters of interest or relevance to us and Kmart.

26. Some Activities will be subject to activity terms ( Activity Terms), which will be notified to you at the commencement of an Activity. Activity Terms may specify:

• entry or eligibility requirements for the Activity;
• the start and close times and other timeframes for the Activity;
• tasks which are incorporated in the Activity;
• criteria used to judge and determine an entitlement to Rewards;
• the structure, distribution method, value and other details of Rewards for winners of or participants in the Activity;
• the timing and method for notifying entitlements to Rewards; and
• any other terms relating to the Activity and entitlements to Rewards.

27. If you choose to participate in an Activity, you do so in accordance with these Terms (including any Activity Terms).

28. You consent to the receipt of any Reward to which you may become entitled through your participation in an Activity on the following terms:

• In no circumstances will an entitlement to Rewards be determined on the basis of chance
• Unless otherwise specified in the Activity Terms and subject to the above clause, granting Rewards is in the absolute discretion of us or Kmart.
• Physical receipt of a Reward will be considered your acceptance of the Reward.
• Where a Reward consists of a voucher, discount, redemption or coupon, it may be subject to further terms and conditions of the supplier of the Reward which will be made available to you on delivery of the Reward.
• All Rewards are awarded on a personal basis and are not transferable, exchangeable or redeemable for cash.
• If you are awarded a Reward which is unavailable, we or Kmart reserve the right to substitute all or any part of that Reward with a similar item or an item of comparable value.

29. We or Kmart may, in our absolute discretion:

• amend, suspend, recommence or terminate an Activity at any time; and
• amend the Activity Terms at any time by giving you written notice.

Access to the Community and Modifications to The Community

30. We and Kmart also reserve all rights to modify or discontinue temporarily or permanently the Community or any part thereof (with or without notice). You agree that we and Kmart will not be liable to you or to any third party for such modification suspension or discontinuance of the Community.

31. We and Kmart will not be responsible for any malfunction, delay, or traffic congestion on any telephone network or line, computer on line system, servers or providers, computer equipment software or website.

Links to other websites

32. The Community may contain links to other websites; such links do not infer endorsement by us or Kmart. You acknowledge that we and Kmart do not have control over other websites or the content of other websites. Any queries with regards to these external websites must be directed to the owner and operator of the other websites.

33. We and Kmart do not control the Content posted to the Community and do not guarantee the accuracy, quality or integrity of such Content. You may be exposed to Content which is objectionable indecent or offensive and you acknowledge we and Kmart are not liable in any way.

Termination of your use of Community

34. Notwithstanding anything contained in these Terms you agree that we and Kmart reserve the right to cancel, limit, and/or disable your membership from the Community without notice if:

• we or Kmart reasonably believe that you or someone authorised by you is in breach or violation of any of these Terms and Conditions;
• considered necessary by us or Kmart due to technical or security issues;
• there is a prolonged inactivity on the Community by you;
• you engage in fraudulent or illegal activity on the Community;
• required by law or any regulatory authority;
• we or Kmart discontinue the Community; or
• we or Kmart consider it necessary at our sole discretion.

35. Following the termination, you will be restricted from accessing the Community. You agree that upon termination, we and Kmart shall not be liable to you or any third party for any termination and access to the Community.

UNSUBSCRIBING

36. You may unsubscribe your access to the Community though either:

• the Community, by using the following link https://customercollective.insightiq.com.au/MyAccount and select the ‘Unsubscribe’ link in the bottom right corner; or
• email, by selecting the “unsubscribe” link found at the bottom of any email.

Indemnity

37. To the maximum extent permitted by law, you agree to indemnify and hold us and Kmart and our and Kmart’s subsidiaries, affiliates, officers, agents, employees, partners, representatives, third party providers and licensors harmless from any damage, loss, or expense, claim or demand to the extent caused by your breach of these Terms.

Disclaimer

38. You expressly understand and agree that:

• your use of the Community is at your sole risk and to the maximum extent permitted by any applicable law, we and Kmart, and our and Kmart’s subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind and whether express or implied including but not limited to conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill which but for these terms and conditions might have effect in relation to the Community;
• any content obtained through the use of the Community is accessed at your own discretion and risk and you will be solely responsible for and hereby waive any and all claims and causes or action with respect to any damage;
• no advice or information whether oral or written obtained from you by us or Kmart or through or from the Community or software shall create any warranty not expressly stated in these Terms; and
• some users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen while using the Community, certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you are or anyone in your family has an epileptic condition consult your doctor prior to using the Community.

Privacy

39. This is a collection notice by us and our related bodies corporate under APP5 of the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). A copy of our Privacy Policy is located at www.tgarage.com.au.

Liability

40. Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Competition and Consumer Act 2010 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, we and Kmart (including our and Kmart’s respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way from the Community or the operation of the Community.

41. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, we and Kmart (including our and Kmart’s respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the control of us or Kmart); (b) any theft, unauthorised access or third party interference; (c) any submission of content by you that is late, lost, altered, damaged or misdirected (whether or not after their receipt by us or Kmart) due to any reason beyond the reasonable control of us or Kmart.

The Law

42. These Terms are governed by and construed in accordance with the law in force in Victoria. The parties submit to the non-exclusive jurisdiction of the court-exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts for any proceedings connected with these Terms.

Changes to these Terms

43. You agree that we may make changes to these Terms at any time. These changes will become effective once published on this Community and communicated directly to you. By continuing to use the Community, you agree to accept and be bound by these modifications.

General Information

44. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms.

Benefits held on trust

45. We hold the benefit of these Terms for ourselves and on trust for Kmart and the licensor of the Platform.