Terms of Service

Chhaap provides technology for local businesses, which may include:

• digital loyalty programs and loyalty cards;
• visit, stamp, points or reward tracking;
• QR and NFC interactions;
• Apple Wallet and Google Wallet integrations;
• customer-facing web cards;
• review request tools and Review Points;
• business websites and digital experiences;
• customer segmentation and related business tools;
• staff access and scanning tools; and
• other features we introduce from time to time.

Some features may be labelled beta, experimental or unavailable while being tested.

Chhaap provides the technology platform. Unless expressly stated otherwise, the individual business using Chhaap is responsible for the products, services, rewards, promotions and customer experience it provides.

A person creating or managing a Chhaap organisation or business account is a "Business Customer".

Business Customers must:

• provide accurate business and account information;
• keep account credentials secure;
• only provide staff access to people authorised to act for the business;
• configure loyalty programs accurately;
• clearly describe any reward conditions, limits or expiry rules;
• honour valid rewards offered through their loyalty program;
• comply with applicable consumer, privacy, marketing and advertising laws;
• obtain any consent required before sending marketing communications;
• use customer information only for lawful purposes;
• ensure information uploaded to Chhaap does not infringe another person's rights; and
• comply with applicable third-party platform rules, including Google, Apple and Google Wallet requirements where relevant.

A Business Customer remains responsible for its relationship with its customers.

Businesses using Chhaap may create their own loyalty programs.

The participating business, not Chhaap, determines matters such as:

• how a visit or stamp is earned;
• the number of visits required for a reward;
• what the reward includes;
• whether reasonable program limitations apply;
• participating locations; and
• any lawful expiry or redemption conditions disclosed to customers.

A loyalty stamp, point, visit or reward recorded through Chhaap is not money, stored value, cryptocurrency or a financial product and has no cash value unless a business expressly states otherwise.

Rewards normally cannot be transferred, sold or exchanged for cash unless the relevant business permits this.

Chhaap provides the record-keeping technology but does not itself supply a merchant's underlying product or reward.

Nothing in these Terms removes any rights a consumer may have under the Australian Consumer Law or other applicable law.

Corrections and reversals

A Business Customer may need to correct a loyalty transaction because of an error, duplicate transaction, refund, misuse or suspected fraud.

Where the platform supports this, Chhaap may record a reversal, void or corrective transaction rather than silently altering historical transactions.

Chhaap may provide businesses with QR, NFC or digital tools that make it easier for customers to leave genuine reviews on third-party platforms such as Google.

Reviews must always be voluntary.

Business Customers must not use Chhaap to:

• buy or sell reviews;
• provide payment, discounts, free products, loyalty rewards or other incentives in exchange for posting a review;
• require a customer to leave a review to receive a loyalty reward;
• require a particular rating;
• request only positive reviews;
• discourage legitimate negative reviews;
• selectively direct satisfied customers to public review platforms while preventing dissatisfied customers from doing so;
• pressure customers to leave a review; or
• otherwise manipulate ratings or review content.

A business may ask a genuine customer to leave an honest review about their actual experience.

If Chhaap displays a review invitation following a loyalty reward, the reward must already have been earned independently of the review. Choosing not to leave a review must not affect the customer's reward.

Chhaap may restrict or disable review functionality where we reasonably believe it is being used contrary to these requirements or a third-party platform's policies.

Chhaap may use QR codes, NFC tags, links or similar identifiers to open customer cards, staff tools, review destinations or other experiences.

Users must not:

• duplicate or manipulate Chhaap credentials for fraudulent purposes;
• interfere with authentication or security controls;
• attempt to create unauthorised stamps or rewards;
• impersonate another customer or business;
• reverse engineer security mechanisms except where permitted by law; or
• use automated tools to abuse Chhaap endpoints.

Physical NFC products may depend on compatible phones, operating systems, browsers, NFC hardware, internet connectivity and third-party software.

Chhaap cannot guarantee that every device will support every NFC feature.

Chhaap may allow participating businesses to provide cards or passes for Apple Wallet or Google Wallet.

Wallet passes are digital representations of information maintained by Chhaap and/or the participating business. They are not payment cards unless expressly stated otherwise.

Apple and Google operate their respective Wallet platforms independently from Chhaap.

Use of those services may also be subject to terms and policies issued by Apple or Google.

Availability may depend on:

• device compatibility;
• operating system support;
• third-party platform availability;
• issuer credentials;
• network connectivity; and
• technical requirements outside Chhaap's control.

We may temporarily disable a Wallet integration if required for security, reliability, compliance or third-party platform requirements.

Where Chhaap provides website or content-management functionality, Business Customers remain responsible for the accuracy and legality of their business content, including:

• names;
• logos;
• photographs;
• pricing;
• promotions;
• opening hours;
• product or service claims;
• contact information;
• intellectual property; and
• regulatory disclosures.

The Business Customer grants Chhaap a non-exclusive licence to host, reproduce, resize, process and display content provided to us to the extent necessary to provide the Services.

The Business Customer retains ownership of its original content.

You must take reasonable steps to protect your account.

You must notify us at support@chhaap.app if you believe an account, loyalty credential, staff login or other Chhaap credential has been compromised.

You are responsible for actions taken through your account by people you have authorised.

We may require additional verification where reasonably necessary to protect an account, a customer or the platform.

Some Chhaap services may be free while others require payment.

Applicable prices, billing periods and included features will be displayed before purchase or subscription.

Unless otherwise stated:

• recurring subscriptions continue for the selected billing period until cancelled;
• cancellation prevents future renewals but does not normally reverse a billing period already supplied;
• taxes may apply where required;
• we will not retrospectively increase the price of a billing period already paid for; and
• any refund rights required by Australian Consumer Law continue to apply.

If we materially change the price of a recurring subscription, we will provide reasonable notice before the change applies to a future renewal.

You must not use Chhaap to:

• break the law;
• commit fraud;
• mislead consumers;
• send unlawful spam;
• harvest personal information;
• manipulate reviews;
• interfere with another business's data;
• gain unauthorised access to Chhaap systems;
• distribute malware;
• overload or deliberately disrupt the Services;
• infringe intellectual property rights;
• impersonate another person or organisation; or
• use Chhaap in a way that could reasonably harm customers, businesses or the platform.

Reasonable security testing requires our prior permission unless otherwise permitted by law.

Chhaap may provide features that allow businesses to communicate with customers.

Business Customers are responsible for ensuring marketing emails, SMS messages or other commercial communications are sent only where legally permitted.

Where marketing consent is required, it must not be bundled into acceptance of these Terms or participation in a loyalty program.

Customers must be provided with applicable unsubscribe or opt-out mechanisms.

Operational communications necessary to provide a loyalty program or Chhaap service may be treated differently from promotional marketing where permitted by law.

Our handling of personal information is described in the Chhaap Privacy Policy.

Where Chhaap handles loyalty customer information for a Business Customer, the Business Customer may also have its own privacy obligations and privacy policy.

Business Customers must not instruct Chhaap to collect or use personal information unlawfully.

Except for content belonging to Business Customers or other third parties, Chhaap and its licensors own the software, design, branding, code, interfaces, documentation and other intellectual property forming part of Chhaap.

These Terms give you a limited, non-exclusive, non-transferable right to use Chhaap for its intended purpose while your account or access remains active.

They do not transfer ownership of Chhaap technology or branding to you.

Chhaap may interact with third-party products including hosting providers, database providers, email providers, payment services, Apple Wallet, Google Wallet, Google Business Profile and other services.

Third-party services may:

• have their own terms;
• change their services;
• experience downtime;
• restrict integrations; or
• discontinue functionality.

Chhaap is not responsible for a third party's independent service, but we will take reasonable steps to maintain integrations that form part of an active Chhaap feature.

We aim to provide a reliable service but cannot guarantee uninterrupted availability.

Maintenance, internet failures, cloud-provider outages, security incidents, third-party outages and other circumstances may temporarily affect Chhaap.

We may improve, replace or discontinue functionality.

Where a change materially reduces a paid Service, we will provide reasonable notice where practicable and consider appropriate remedies having regard to the circumstances and applicable law.

We may temporarily restrict or suspend an account where reasonably necessary because of:

• a significant security risk;
• suspected fraud;
• material breach of these Terms;
• unlawful use;
• non-payment of an overdue amount;
• harm to another customer or business;
• abuse of review systems;
• a legal requirement; or
• a serious threat to the Chhaap platform.

Where appropriate and lawful, we will give notice and an opportunity to resolve the issue.

A Business Customer may cancel its Chhaap service in accordance with the subscription settings available to it.

We may terminate an account for a material breach that is not remedied within a reasonable period after notice, except where immediate termination is reasonably necessary because of serious fraud, unlawful conduct, security risk or legal requirements.

Following termination, access to some data may end.

Personal information will be retained, deleted or de-identified in accordance with our Privacy Policy, applicable law and legitimate security, fraud-prevention, accounting and audit requirements.

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law or other applicable legislation.

Where a statutory guarantee applies, your rights under that guarantee remain unaffected.

To the extent permitted by law:

Neither party will be liable to the other for indirect or consequential loss that was not reasonably foreseeable when the relevant service was supplied.

For paid Business Customers, Chhaap's aggregate liability arising from the paid Services will ordinarily not exceed the fees paid or payable for the affected Chhaap Services during the 12 months preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot lawfully be limited or where liability results from fraud, wilful misconduct or another circumstance in which limiting liability would be unlawful.

Chhaap is not responsible for a participating business refusing to honour its own lawful loyalty offer, except to the extent that the issue was directly caused by Chhaap's failure to provide the contracted service.

A Business Customer is responsible for third-party claims arising directly from:

• unlawful content supplied by that Business Customer;
• misleading promotions created by that Business Customer;
• unlawful marketing conducted by that Business Customer;
• review manipulation undertaken by that Business Customer; or
• rewards or promises made by that Business Customer,

except to the extent the claim was caused or contributed to by Chhaap.

If you have a concern about Chhaap, please contact:

support@chhaap.app

We will try to resolve the issue reasonably and in good faith.

Nothing in this section prevents a person from exercising rights available under Australian law or contacting an applicable regulator or tribunal.

We may update these Terms as Chhaap changes or to reflect legal, security or regulatory requirements.

The latest version will display its effective date.

For material changes affecting paid Business Customers, we will provide reasonable notice before the change takes effect where practicable.

Continuing to use Chhaap after an updated version becomes effective constitutes acceptance where permitted by law.

Where fresh express agreement is legally or reasonably required, we may ask you to accept the updated Terms.

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the courts and tribunals having jurisdiction in New South Wales, subject to any rights a consumer has to bring proceedings elsewhere under applicable law.

Chhaap

Email: support@chhaap.app

Website: chhaap.app