Simple Loyalty Pty Ltd ABN 53 674 990 937

PLATFORM SERVICES AGREEMENT

Effective Date: 28 May 2026

Version 2.1

 Last Updated 28 May 2026

PLEASE READ THIS PLATFORM SERVICES AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE LOYALTY WORX PLATFORM. BY REGISTERING FOR, ACCESSING, OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM. 

1. DEFINITIONS

In this Agreement, the following terms shall have the meanings set out below:

 "Loyalty Worx" or "Platform" means the Software-as-a-Service (SaaS) platform operated by Simple Loyalty, which enables Loyalty Providers to create and manage digital loyalty programs based around virtual loyalty cards.

"Simple Loyalty" means Simple Loyalty Pty Ltd, the parent entity that owns and operates the Loyalty Worx Platform.

"Loyalty Worx Global Admin" means the authorised administrator(s) employed or engaged by Simple Loyalty with full administrative access to all functions and data within the Platform.

"Loyalty Provider" means a registered business entity that creates and sponsors one or more loyalty programs through the Platform.

"Loyalty Merchant" means a bricks-and-mortar business that has been invited by a Loyalty Provider to participate in one or more loyalty programs on the Platform.

"Loyalty Merchant Staff" means individual employees of a Loyalty Merchant who have been granted login access to the Loyalty Merchant account by the Loyalty Merchant.

"Loyalty Member" means an individual or entity that has created a Loyalty Member account with Loyalty Worx in order to participate in one or more loyalty programs.

"User" means, collectively, all Loyalty Providers, Loyalty Merchants, Loyalty Merchant Staff, and Loyalty Members.

"Personal Information" means any information that identifies or could reasonably identify an individual, including but not limited to name, email address, mobile phone number, and business contact details.

"ABN" means Australian Business Number as issued by the Australian Business Register.

2. PLATFORM OVERVIEW AND USER HIERARCHY

Loyalty Worx s responsible for the overall governance, security, and integrity of the Platform.

The Loyalty Worx Platform operates a structured five-level user hierarchy. Each level carries distinct rights, obligations, and data access permissions as described in this Agreement:

 

  1. Loyalty Worx Global Admin
  2. Loyalty Provider
  3. Loyalty Merchant
  4. Loyalty Merchant Staff
  5. Loyalty Member

 

Each user type is subject to the specific terms set out in the relevant sections below, as well as the general terms applicable to all users. 

3. LOYALTY WORX GLOBAL ADMIN

The Loyalty Worx Global Admin is appointed solely by Simple Loyalty and is not a role available to any external party. The Global Admin:

 

  • Has full access to all functions, features, data, and administrative controls within the Platform, including both web and mobile/app interfaces.
  • May access, use, and process all data relating to Loyalty Providers, Loyalty Merchants, Loyalty Merchant Staff, and Loyalty Members for legitimate Platform administration purposes.
  • May use Platform data to market directly to Loyalty Merchants and/or Loyalty Members in accordance with applicable Australian privacy laws.
  • May make aggregated anonymized data available to third parties for marketing use.

 

4. LOYALTY PROVIDERS

4.1 Account Registration

To become a Loyalty Provider, you must create a Loyalty Provider Account. To do so, you are required to provide the following information to Loyalty Worx: 

  • Business Name
  • Australian Business Number (ABN)
  • Physical Trading Address
  • Contact Name
  • Business Phone Number

You warrant that all information provided is accurate, current, and complete, and you agree to promptly update your account details if any of this information changes.

4.2 Rights and Capabilities

As a Loyalty Provider, you may: 

  • Create and Define the specific Terms and Conditions relating to a Loyalty program subject to the Loyalty Worx platform T&Cs.
  • Create and sponsor one or more loyalty programs using the Platform.
  • Accept requests from Loyalty Merchants to participate in your loyalty programs.
  • Access all data relating to Loyalty Merchants (and their Staff) and Loyalty Members who participate in the loyalty programs you operate.

4.3 Obligations and Indemnity

As a Loyalty Provider, you agree to: 

  • Be responsible for the validity and accuracy of the data provided by Loyalty Merchants they accept into their loyalty programs.
  • Abide by all Terms and Conditions of the Platform as required by Loyalty Worx from time to time.
  • Acknowledge that material Terms and Conditions changes will be notified by Loyalty Worx via email with at least 14 days’ prior written notice, and that continued use of the Platform following any change constitutes acceptance of the revised terms.
  • Comply with all applicable laws and regulations in your jurisdiction in connection with your use of the Platform, including but not limited to the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
  • Indemnify, defend, and hold harmless Loyalty Worx and Simple Loyalty, and their respective officers, directors, employees, and agents, from and against claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising directly from your actual breach of this Agreement or your negligence in connection with the Platform or your loyalty programs. This indemnity obligation is capped at the total fees paid by you to Loyalty Worx in the twelve (12) months immediately preceding the event giving rise to the claim. This cap does not apply to indemnity obligations arising from wilful misconduct or fraud. 

5. LOYALTY MERCHANTS

5.1 Account Registration

To become a Loyalty Merchant, you must create a Loyalty Merchant Account. You are required to provide the following information:

  • Business Name
  • Australian Business Number (ABN)
  • Physical Trading Address*
  • Contact Name
  • Business Phone Number
  • Contact email address

*Physical Trading Address is specifically required to provide directions, to allow Loyalty members to locate the merchant.

You warrant that all information provided is accurate, current, and complete.

5.2 Rights and Capabilities

As a Loyalty Merchant, you may: 

  • Participate only in loyalty programs created by the Loyalty Provider who has invited you.
  • Create and manage login access to your Loyalty Merchant account for your employees (Loyalty Merchant Staff).
  • Access limited Loyalty Member personal and/or entity information strictly as required to process loyalty transactions, including: full name, mobile phone number, member number, and email address.

Loyalty Merchants will be emailed from Loyalty Worx, by the Loyalty Provider, with a link which will take them to the merchant registration portal of Loyalty Worx. Merchants can register an account to become a Loyalty Merchant or log in to their existing loyalty Merchant account. Once logged in the Merchant then requests access to the Loyalty Program specified in the emailed link. Loyalty Providers will then formally accept the Merchant into their Loyalty Program

A Loyalty Merchant can only join a loyalty program if they have a Loyalty Merchant account and the Loyalty Provider has formally approved their request for that specific program. Loyalty Merchants acknowledge that their participation may be revoked by the relevant Loyalty Provider, provided that the Loyalty Provider gives reasonable written notice of no less than 7 days prior to revocation, except where the Loyalty Merchant has materially breached this Agreement or applicable law, in which case immediate revocation may apply.

5.3 Obligations and Indemnity

As a Loyalty Merchant, you agree to: 

  • Use Loyalty Member personal and/or entity information only for the purpose of processing loyalty transactions and for no other purpose.
  • Ensure that Loyalty Merchant Staff comply with the terms of this Agreement.
  • Abide by all Terms and Conditions of the Platform as required by Loyalty Worx from time to time.
  • Acknowledge that material Terms and Conditions changes will be notified by Loyalty Worx via email with at least 14 days’ prior written notice, and that continued use of the Platform following any change constitutes acceptance of the revised terms.
  • Indemnify, defend, and hold harmless Loyalty Worx and Simple Loyalty, and their respective officers, directors, employees, and agents, from and against claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising directly from your actual breach of this Agreement or your negligence in connection with the Platform. This indemnity obligation is capped at the total fees paid by you to Loyalty Worx in the twelve (12) months immediately preceding the event giving rise to the claim. This cap does not apply to indemnity obligations arising from wilful misconduct or fraud. 

 

6. LOYALTY MERCHANT STAFF

Loyalty Merchant Staff are individual employees granted account access by a Loyalty Merchant. The following terms apply: 

  • Loyalty Merchant Staff access is provisioned solely by the Loyalty Merchant, who remains responsible for all Staff activity on the Platform.
  • Loyalty Merchant Staff are subject to the same data access restrictions as the Loyalty Merchant (see Section 6.2 above).
  • Loyalty Merchant Staff must comply with all applicable terms of this Agreement. The Loyalty Merchant warrants that Staff will be informed of and will adhere to these terms. 

 

7. LOYALTY MEMBERS

7.1 Account Registration

To become a Loyalty Member as an individual, you must create a Loyalty Member account by providing: 

  • Full Name
  • Email Address
  • Mobile Phone Number 

Where the Loyalty Member is an entity and not an individual, Loyalty Worx requires:

  • Entity Name
  • ABN (if applicable)
  • Principal Place of Business (must be a physical address)
  • Postal Address

In addition, Loyalty Worx requires the personal details of the entity contact:

  • Full Name
  • Email Address
  • Mobile Phone Number

 

By creating an account, you warrant that the information you provide is accurate, current, and complete.

7.2 Rights and Capabilities

As a Loyalty Member, you may: 

  • View and edit only your own personal account data.
  • View all current loyalty programs sponsored by all Loyalty Providers on the Platform.
  • Access a list of, and contact details for, all Loyalty Merchants linked to any current loyalty program.
  • Participate in loyalty programs and accumulate reward stamps via virtual loyalty cards.
  • Opt out of any third-party marketing programs at any time through your account settings.
  • Opt out of the Platform entirely at any time (see Section 8.4 below).

7.3 Consent to Data Use

By creating a Loyalty Member account and using the Platform, you expressly consent to the following: 

  • Your personal and/or entity information may be made available to Loyalty Providers and Loyalty Merchants with whom you interact on the Platform.
  • Your personal and/or entity information may be made available to other Loyalty Merchants and third parties for marketing purposes.
  • You understand that you may opt out of third-party marketing at any time, and that opting out will not affect your ability to participate in loyalty programs.

7.4 Opt-Out and Account Termination

You may opt out of the Loyalty Worx Platform at any time. You acknowledge and agree that: 

  • Upon opting out, all loyalty program reward stamps – including completed programs – will be permanently forfeited from the date and time of opt-out.
  • Forfeiture of in-progress stamps is irreversible and cannot be undone. Completed rewards not claimed within the 30-day grace period will be permanently and irreversibly forfeited.
  • Loyalty Worx accepts no liability for any rewards lost as a result of your decision to opt out.

7.5 Loyalty Member Obligations

As a Loyalty Member, you agree to: 

  • Abide by all Terms and Conditions of the Platform as required by Loyalty Worx from time to time.
  • Acknowledge that Terms and Conditions may change at any time and without prior notice.
  • Use the Platform only for its intended purpose, and not for any unlawful, fraudulent, or abusive purpose, and in compliance with the Loyalty Worx Acceptable Use Policy (“AUP” See Item 16.5), which is incorporated into and forms part of this Agreement and is available on the Loyalty Worx website.  

8. SUBSCRIPTIONS AND FEES

8.1 Subscription Plans

All Loyalty Worx Loyalty Members, whether they are individuals or entities, pay no subscription or usage fees.

Loyalty Worx offers various Subscription plans for Loyalty Providers. Please contact our Sales team for a quotation. Subscription features, usage limits, and pricing are subject to change with reasonable notice.

8.2 Fees and Payment

Subscription fees are payable in advance as set out in the applicable Subscription plan. All fees are quoted in Australian Dollars (AUD) and are inclusive of GST unless stated otherwise. You authorise Loyalty Worx to charge your nominated payment method for all applicable fees.

8.3 Renewal and Cancellation

Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. You may cancel your Subscription at any time through your Account settings or by contacting Loyalty Worx. No refunds will be provided for unused portions of a prepaid Subscription period, except as required by applicable law.

8.4 Overdue Payments

Loyalty Worx reserves the right to suspend or terminate access to the Service if fees remain unpaid after 14 days of the due date. Loyalty Worx may charge interest on overdue amounts at the rate of 2% per month.

8.5 Free Trials

Loyalty Worx may offer free trial periods. Unless a Loyalty Provider cancels their account before the end of the free trial, their Subscription will automatically convert to a paid plan and your nominated payment method will be charged. 

9. DATA COLLECTION AND PRIVACY

Loyalty Worx collects and retains data relating to all user types as part of its ordinary Platform operations. The following principles govern the collection, use, and disclosure of data:

 

9.1  Loyalty Worx collects and stores data provided during account registration, as well as transactional and usage data generated through the Platform.

9.2  Loyalty Worx Global Admin may access and use Platform data for the purpose of operating, improving, and marketing the Platform in accordance with applicable laws.

9.3  Loyalty Providers may access and use personal and/or entity information of Loyalty Members who have engaged with one or more of their own Loyalty Merchants for marketing purposes, both internal and external to the Platform. Loyalty Providers may not use personal information of Loyalty Members who have not engaged with any of their Loyalty Merchants for direct marketing purposes.

9.4  Loyalty Merchants may only access limited Loyalty Member data strictly required for the processing of loyalty transactions.

9.5  Loyalty Members may opt out of third-party marketing at any time. Opt-out of the Platform results in forfeiture of all accumulated rewards as outlined in Section 8.4.

9.6  All users are advised to review Loyalty Worx’s Privacy Policy, which forms part of this Agreement and governs the handling of Personal Information in further detail. 

10. PRIVACY POLICY

Loyalty Worx is a division of Simple Loyalty Pty Ltd (ACN 163 884 991). Loyalty Worx is committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). This section sets out how Loyalty Worx collects, holds, uses, and discloses personal information.

10.1 Collection of Personal Information

Loyalty Worx collects personal information only by fair and lawful means and only to the extent necessary to provide the Platform services. Personal information is collected during account registration, Platform use, and transactional activity. Where practical, we collect personal information directly from the individual concerned. If you choose not to provide personal information, we may be unable to provide you with access to all or part of the Platform.

10.2 Use and Disclosure of Personal Information

Loyalty Worx uses personal information for the purpose of operating, improving, and marketing the Platform in accordance with applicable laws. Specific rules apply by user type:

  • Loyalty Worx (Global Admin) may use Platform data to market active Loyalty Provider programs to any Loyalty Member. All Loyalty Members are able to see all active Loyalty Provider programs as part of their Loyalty Worx membership.
  • Loyalty Providers may only market directly to Loyalty Members who have engaged with one or more of their own Loyalty Merchants. Loyalty Providers must not use personal information of Loyalty Members who have not engaged with any of their Loyalty Merchants.
  • Loyalty Merchants may access limited Loyalty Member data strictly as required to process loyalty transactions and for no other purpose.

Loyalty Worx will not disclose personal information to any third party without the individual’s consent, unless required or authorised by law (including under applicable lottery legislation where relevant).

10.3 Marketing Communications

By providing your personal information and using the Platform, you agree that Loyalty Worx and (where applicable) Loyalty Providers may send you special offers, newsletters, information about new programs, or seek your opinion about our services, subject to your marketing preferences. You may opt out of marketing communications at any time through your account settings, by contacting Loyalty Worx at the address below, or by following the unsubscribe instructions in any marketing communication. Opting out of marketing will not affect your ability to use the Platform.

10.4 Access and Correction

Under APP 12 and APP 13, you have the right to access and seek correction of personal information that Loyalty Worx holds about you. To make an access or correction request, please contact Loyalty Worx at: 26 Binney Rd, Kings Park NSW 2148 or via the contact form on our website. We will endeavour to respond within 30 days. If we deny an access or correction request, we will provide written reasons.

10.5 Security and Data Retention (APP 11)

Loyalty Worx takes reasonable steps to protect personal information from misuse, interference, loss, and from unauthorised access, modification, or disclosure, in compliance with APP 11. Personal information will be retained for the period necessary to fulfil the purposes for which it was collected, and in any event for a minimum of 7 years to meet applicable legal and regulatory obligations. Upon termination of a User’s account, Loyalty Worx will, within 90 days of termination, either destroy or de-identify personal information that is no longer required for any lawful purpose, unless retention is required by law.

10.6 Website Analytics

The Loyalty Worx website uses Google Analytics to collect anonymous demographic and interest data for the purpose of internal analysis and marketing the Loyalty Worx brand. All data collected is anonymous and is not provided to third parties by Loyalty Worx. Data from this website is also collected and used anonymously by Google in accordance with Google’s own privacy policy. If you do not wish your data to be collected by Google Analytics, you may install the Google Analytics Opt-Out Browser Add-on available at https://tools.google.com/dlpage/gaoptout

10.7 Complaints

If you believe that Loyalty Worx has not complied with its privacy obligations, please contact us at the address above. We will make every effort to review and resolve any concerns. If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au. 

11. CHANGES TO TERMS AND CONDITIONS

Loyalty Worx reserves the right to amend, update, or replace this Agreement and any associated Terms and Conditions. For material changes, Loyalty Worx will provide at least 14 days’ written notice via email to the address registered in the User’s account before the change takes effect. Non-material changes (such as corrections or clarifications) may be made without prior notice. It is the responsibility of each User to keep their registered email address current. Continued use of the Platform following any change constitutes acceptance of the revised terms. 

12. INTELLECTUAL PROPERTY

All intellectual property rights in and to the Loyalty Worx Platform, including but not limited to software, design, branding, content, and documentation, are owned by or licensed to Simple Loyalty. No User acquires any ownership rights in the Platform by virtue of this Agreement or their use of the Platform. 

13. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law:

 

  • Loyalty Worx and Simple Loyalty shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to any User’s use of, or inability to use, the Platform.
  • Loyalty Worx’s total liability to any User for any claim arising under or in connection with this Agreement shall not exceed the total fees (if any) paid by that User to Loyalty Worx in the twelve (12) months preceding the claim.
  • Nothing in this Agreement limits liability for fraud, wilful misconduct, or any liability that cannot be excluded by law. 

14. INDEMNIFICATION

Each Loyalty Provider and Loyalty Merchant agrees to indemnify, defend, and hold harmless Loyalty Worx, Simple Loyalty, and their respective officers, directors, employees, contractors, and agents from and against claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising directly from their actual breach of this Agreement or negligence in connection with: 

  • Their registration for or use of the Platform.
  • Their breach of any term of this Agreement.
  • Any loyalty program they create, sponsor, or participate in.
  • Their use of any data accessed through the Platform.
  • Any claim by a third party arising from their actual breach of this Agreement or negligence in connection with the Platform. The total aggregate liability of each Loyalty Provider or Loyalty Merchant under this indemnity is capped at the total fees paid by them to Loyalty Worx in the twelve (12) months immediately preceding the claim giving rise to the indemnity obligation. This cap does not apply to indemnity obligations arising from wilful misconduct or fraud. 

15. TERMINATION

Loyalty Worx reserves the right to suspend or terminate any User’s access to the Platform at any time, with or without notice, if Loyalty Worx reasonably believes the User has breached any term of this Agreement or applicable law. Users may terminate their accounts in accordance with the processes described for their user type. Termination does not relieve any User of obligations incurred prior to termination. 

16A. FORCE MAJEURE

Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure is caused by circumstances beyond that party’s reasonable control, including but not limited to acts of God, natural disaster, pandemic, epidemic, war, terrorism, civil unrest, government action, industrial dispute, power failure, or failure of third-party telecommunications or internet services (“Force Majeure Event”). The affected party must promptly notify the other party in writing of the Force Majeure Event and take reasonable steps to mitigate its effect. If a Force Majeure Event continues for more than 30 days, either party may terminate this Agreement on written notice without liability. 

16B. ASSIGNMENT

Loyalty Worx may assign or transfer its rights and obligations under this Agreement to a related body corporate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that Loyalty Worx gives reasonable prior written notice to affected Users. Loyalty Providers, Loyalty Merchants, and Loyalty Members may not assign, transfer, or sub-license their rights or obligations under this Agreement without the prior written consent of Loyalty Worx, which consent shall not be unreasonably withheld. Any purported assignment in breach of this clause is void. 

16C. DISPUTE RESOLUTION

If a dispute arises between the parties in connection with this Agreement, the parties agree to attempt to resolve the dispute through good-faith negotiation for a period of at least 30 days from the date one party gives written notice of the dispute to the other (“Negotiation Period”). Neither party may commence legal proceedings during the Negotiation Period, except to seek urgent interlocutory relief. If the dispute is not resolved within the Negotiation Period, the parties agree to attempt mediation through a mutually agreed mediator (or if the parties cannot agree, a mediator appointed by the Australian Disputes Centre) before commencing formal legal proceedings. The costs of mediation shall be shared equally between the parties unless agreed otherwise. Nothing in this clause prevents a party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction. 

16D. CONSUMER RIGHTS AND AUSTRALIAN CONSUMER LAW

Nothing in this Agreement excludes, restricts, or modifies any statutory guarantee, condition, warranty, right, or remedy conferred on consumers by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by contract. Where Loyalty Worx is permitted by law to limit its liability for a breach of a non-excludable guarantee, Loyalty Worx’s liability is limited to: (a) in the case of goods, the replacement, repair, or resupply of equivalent goods; and (b) in the case of services, the re-supply of the services or the payment of the cost of having equivalent services supplied. 

16E. ACCEPTABLE USE POLICY

All Users must comply with the Loyalty Worx Acceptable Use Policy (“AUP”), which is incorporated into and forms part of this Agreement. The AUP is available on the Loyalty Worx website and may be updated from time to time in accordance with Section 11. Without limiting the AUP, Users must not:

  • Use the Platform to transmit, store, or distribute content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable;
  • Attempt to gain unauthorised access to any part of the Platform, other users’ accounts, or Loyalty Worx’s systems or networks;
  • Use the Platform to conduct or facilitate any fraudulent loyalty transactions or artificially accumulate rewards;
  • Upload or transmit viruses, malware, or any other malicious code that may damage or interfere with the Platform;
  • Collect, harvest, or scrape personal information of other Users without their consent or in breach of applicable privacy laws;
  • Use the Platform in any manner that violates applicable law or regulation, including the Spam Act 2003 (Cth) and the Australian Consumer Law.

Breach of the AUP may result in immediate suspension or termination of the User’s account in accordance with Section 15. 

16. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of the State of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia for the resolution of any dispute arising under or in connection with this Agreement. 

17. GENERAL

Entire Agreement:  This Agreement, together with any Privacy Policy and any other policies referenced herein, constitutes the entire agreement between the parties in relation to the Platform and supersedes all prior representations, agreements, and understandings.

Severability:  If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver:  No failure or delay by Loyalty Worx in exercising any right under this Agreement will constitute a waiver of that right.

No Partnership:  Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between any User and Loyalty Worx or Simple Loyalty.

Notices:  Notices under this Agreement may be given by email to the contact address registered in the User’s account. Notices are deemed received on the next business day following transmission. 

18. ACCEPTANCE

BY REGISTERING FOR AN ACCOUNT, CLICKING "I AGREE", OR OTHERWISE ACCESSING OR USING THE LOYALTY WORX PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.

If you do not agree to this Agreement, you must not register for an account or use the Platform.