Terms & Conditions

QUICK REFERENCE GUIDE

Service Overview:

• Monthly subscription: $5.00 (excl. GST) per active user
• Billing: Last day of each month
• Two award types: Scratchies (points) and Turbo Scratchies (cash)
• Turbo Scratchie service fee: 5% on wallet funding
• Monthly Grand Prize draws included
• Support: support@scratchie.com | 0410 133 600

1. UNDERSTANDING THIS AGREEMENT

1.1 About These Terms

These Customer Terms and Conditions ("Agreement") govern your organisation's use of the Scratchie workplace recognition platform. By registering for Scratchie, you agree to these terms.

1.2 Key Definitions

• "Active User" - Any person who during a billing month: logs into the Platform, gives or receives a Scratchie or Turbo Scratchie, receives a Convo Card, or submits a Convo Card
• "Award Wallet" - Digital account for funding Turbo Scratchies
• "Business Day" - Day when banks are open for general banking business in New South Wales, excluding weekends and public holidays
• "Convo Card" - Safety reporting and communication feature for hazards, near-misses, and suggestions
• "Customer", "you", "your" - The organisation subscribing to Scratchie
• "Effective Date" - Date you first register for the Platform or accept these Terms
• "Manager", "Supervisor" - Your authorised award distributors (terms used interchangeably)
• "Monthly Grand Prize" - Monthly random draw where each Scratchie scan equals one entry
• "Platform" - Scratchie software, applications, systems, and related services
• "Scratchie" (standard) - Points-based recognition award with no cash value but providing leaderboard rankings and Monthly Grand Prize entries
• "Scratchie Pty Ltd", "we", "us", "our" - The service provider (ACN 649 468 100)
• "Site" - Physical location, project, or organisational unit within your subscription
• "Subscription Period" - Monthly billing period from first to last day of each calendar month
• "Turbo Scratchie" - Cash awards (e.g., $10, $20, $50) funded from Award Wallet
• "Worker" - Employee or contractor receiving awards through the Platform

1.3 Incorporated Documents

This Agreement includes and incorporates by reference:

• Privacy Policy (available at scratchie.com/privacy)
• Acceptable Use Policy (provided separately)
• Award Giver and Recipient Terms (provided separately)
• Any Service Level Agreements (if applicable)
• Any executed Order Forms or Enterprise Agreements

1.4 Order of Precedence

In case of conflict:

1. Executed Enterprise Agreements (if any)
2. These Customer Terms
3. Acceptable Use Policy
4. Privacy Policy
5. Other incorporated documents

2. THE SCRATCHIE SERVICE

2.1 Platform Features

Core Award System:

• Scratchies: Points-based recognition building leaderboard rankings. No monetary value but each scan provides automatic entry into Monthly Grand Prize draw
• Turbo Scratchies: Instant cash awards with customisable amounts (standard: $10, $20, $50; special: up to $1,000)
• Monthly Grand Prize: Automatic random draw with winner selection based on Scratchie scan entries

‍Additional Features:

• QR code scanning for instant award receipt
• Remote awarding capabilities
• Convo Card safety reporting system
• Real-time analytics dashboard
• Multi-language support (English, Arabic, Spanish, others on request)
• Mobile applications (iOS and Android)
• Web-based administration portal
• API integrations (Enterprise plans)
• Custom branding options (Pro and Enterprise)
• Automated reporting and insights
• Bulk user management tools

2.2 Service Levels

Standard Service Commitment:

• Target uptime: 99.5% measured monthly
• Planned maintenance windows: Saturdays 11 PM - 3 AM AEST
• Maintenance notification: 48 hours advance notice where possible
• Emergency maintenance: As required with notification as soon as practicable

‍Support Levels:

• Standard support: Monday-Friday 8:30 AM - 5:30 PM AEST
• Email response times: Critical (4 hours), High (1 business day), Standard (3 business days)
• Phone support: 0410 133 600 (Australia)
• Self-service: 24/7 knowledge base and documentation

2.3 Implementation and Onboarding

We provide:

• Initial platform setup and configuration
• Administrator training (up to 2 hours)
• Standard onboarding materials
• Email support during first 30 days

‍Additional services (may incur fees):

• Custom onboarding programs
• On-site training sessions
• Change management consulting
• Custom integrations

2.4 Platform Updates

We may update the Platform to:

• Add new features or improvements
• Fix bugs or security issues
• Comply with legal requirements
• Improve performance or reliability

Updates generally occur automatically. Material changes affecting functionality will be notified in advance where practicable.

2.5 Convo Cards

Purpose: Safety reporting feature for proactive hazard identification and communication

‍Important limitations:

• Not a replacement for formal safety management systems
• Not for emergency reporting (use proper emergency procedures)
• Supplements but doesn't replace regulatory compliance obligations
• We don't monitor or respond to safety reports (your responsibility)

3. FEES AND PAYMENT

3.1 Subscription Fees

Monthly Charge: $5.00 (excluding GST) per Active User

‍Active User Calculation:

• Measured monthly on the last day
• Includes anyone who during that month:
  
  • Logs into the Platform, OR
  • Gives a Scratchie or Turbo Scratchie, OR
  • Receives a Scratchie or Turbo Scratchie, OR
  • Receives a Convo Card, OR
  • Submits a Convo Card
• Minimum billing: 10 Active Users per month (even if fewer actual users)

3.2 Turbo Scratchie Award Wallet

Funding Process:

1. You determine wallet funding amount based on anticipated awards
2. Funds are pre-paid into Award Wallet
3. Service fee of 5% applied at time of funding
4. Example: $1,000 wallet funding = $1,050 total charge ($1,000 available for awards + $50 service fee)

‍Wallet Management:

• Unused funds roll forward month-to-month
• No expiry on wallet balance while account active
• Low balance alerts at customisable thresholds
• Auto-top-up options available
• Non-refundable except upon account termination (see Section 10.3)

3.3 Payment Terms

Accepted Payment Methods:

• Direct debit via PayTo (preferred - no additional fees)
• Credit card (Visa, Mastercard, American Express) - processing fees passed on at cost

‍Billing Cycle:

• Subscription fees: Charged monthly on the last day of each month
• Turbo Scratchie wallet: Charged upon top-up request
• First month: Pro-rated from activation date
• Invoices: Issued electronically within 5 business days of charge

3.4 Failed Payments

Process for payment failures:

1. First attempt: On due date
2. Second attempt: 3 business days after failure notification
3. Third attempt: 5 business days after second failure
4. Service suspension: After third consecutive failure
5. Account termination: 30 days after suspension if unresolved

During suspension: Read-only access maintained, no new awards can be distributed

3.5 Fee Changes

• We may adjust fees with 60 days' written notice
• You may terminate without penalty before new fees take effect
• No fee increases during first 12 months for new customers

3.6 Taxes

• All fees exclude GST unless stated otherwise
• You're responsible for any applicable taxes
• We'll add GST (currently 10%) to Australian customers
• Tax invoices provided for all charges

3.7 Refund Policy

Non-refundable:

• Subscription fees (except for service failures exceeding 48 consecutive hours)
• Turbo Scratchie service fees
• Setup, training, or professional service fees
• Fees for customisation or integration work

‍Refundable:

• Unused Award Wallet balance upon termination (less any outstanding fees)
• Overpayments due to billing errors (credited or refunded at our option)

3.8 Disputes

Payment disputes must be raised within 30 days of the charge date. Undisputed amounts must be paid while disputes are investigated.

4. YOUR OBLIGATIONS

4.1 General Obligations

You must:

• Provide accurate and current information
• Maintain confidentiality of account credentials
• Ensure users comply with these Terms and the Acceptable Use Policy
• Use the Platform only for lawful purposes
• Respect intellectual property rights
• Maintain appropriate internal policies for Platform use

4.2 User Management

You are responsible for:

• Verifying user identities before granting access
• Promptly removing terminated employees (within 24 hours)
• Setting appropriate permission levels
• Monitoring user activity for misuse
• Maintaining accurate user records
• Ensuring users have legal capacity to receive awards

4.3 Award Distribution

You must ensure awards are:

• Distributed fairly and without discrimination
• Based on legitimate recognition criteria
• Compliant with employment laws and agreements
• Not used to replace wages or entitlements
• Properly documented for special or high-value awards
• Within authorised limits

4.4 Compliance

You must comply with:

• All applicable laws and regulations
• Employment and workplace relations laws
• Tax and financial reporting obligations
• Privacy and data protection requirements
• Work health and safety regulations
• Your own internal policies

Specific compliance areas:

• Awards don't replace minimum wage obligations
• Recognition doesn't discriminate against protected classes
• Platform use respects union agreements
• Safety reporting follows regulatory requirements

4.5 Data and Security

You must:

• Protect login credentials and access controls
• Report suspected security incidents immediately
• Maintain backups of critical data
• Ensure users understand privacy obligations
• Obtain necessary consents for data collection
• Comply with breach notification requirements

5. AWARD DISTRIBUTION RULES

5.1 Scratchies (Points-Based Awards)

Characteristics:

• No monetary value or cash equivalent
• Build leaderboard rankings and engagement
• Each scan enters Monthly Grand Prize draw
• Multiple scans increase prize chances
• Cannot be transferred or exchanged

Distribution guidelines:

• Unlimited distribution subject to fair use
• Monitor for unusual patterns
• Ensure equitable team distribution

5.2 Turbo Scratchies (Cash Awards)

Standard amounts: $10, $20, $50 (customisable) Special awards: Up to $1,000 (requires additional authorisation) Custom amounts: Available on Enterprise plans

Distribution limits (configurable):

• Daily caps per Supervisor
• Weekly caps per Site
• Monthly caps per organisation
• Individual recipient limits

5.3 Monthly Grand Prize

How it works:

• Every Scratchie scan = one entry
• Random winner selection
• Multiple entries allowed (more scans = better odds)
• Prize value set by Customer
• Winners notified immediately via app
• Prizes distributed via Award Wallet

Your responsibilities:

• Set prize value and frequency
• Fund prizes from Award Wallet
• Ensure eligibility criteria are clear
• Comply with local lottery/gaming laws

5.4 Fair Distribution Requirements

Prohibited practices:

• Self-awarding by Supervisors
• Quid pro quo arrangements
• Awards for silence about safety issues
• Discriminatory distribution patterns
• Using awards to avoid overtime payments
• Excessive concentration to specific individuals

We monitor for:

• Statistical anomalies in distribution
• Unusual claiming patterns
• Potential fraud indicators
• System gaming attempts

5.5 Special Recognition Programs

You may create custom programs including:

• Safety milestone rewards
• Team achievement bonuses
• Innovation recognition
• Customer service excellence
• Attendance incentives

All programs must comply with these Terms and applicable laws.

6. INACTIVE AND DORMANT ACCOUNTS

6.1 Account Activity

An account is considered inactive after:

• 90 days without any user logins or transactions
• 180 days: Automated reminder sent
• 365 days: Account marked as dormant

6.2 Dormancy Process

After 36 months of complete inactivity:

1. Final notification attempt to all registered contacts
2. 30-day grace period
3. Account data archived
4. Unused Award Wallet funds handled per Section 6.3

6.3 Dormant Fund Treatment

After 36 months dormancy and notification:

• Funds below $500: Transferred to Scratchie Foundation (once established) or charity of our choosing
• Funds above $500: Additional recovery attempts before transfer
• No obligation to maintain funds indefinitely
• Transfer is final and non-reversible

6.4 Reactivation

To prevent dormancy:

• Any user login resets the timer
• Any transaction resets the timer
• Contact support to maintain account

Note: We're not required to locate you beyond registered contact methods.

7. DATA AND PRIVACY

7.1 Data Ownership

You own:

• Your uploaded content and data
• User information you provide
• Custom configurations and settings
• Reports generated from your data

We own:

• The Platform and its functionality
• Aggregated and anonymised data
• Platform improvements derived from usage
• Our intellectual property and branding

7.2 Data Security

We implement:

• Industry-standard encryption (in transit and at rest)
• Australian data residency (primary data centres)
• Regular security audits and penetration testing
• Access controls and authentication
• Incident response procedures
• Business continuity planning

Security limitations:

• No guarantee against all breaches
• Shared responsibility model applies
• You must maintain your own security measures

7.3 Data Processing

We process your data to:

• Provide the Platform services
• Process awards and payments
• Generate analytics and insights
• Prevent fraud and abuse
• Comply with legal obligations
• Improve our services

We don't:

• Sell your data to third parties
• Use data for unrelated marketing
• Share data with competitors
• Access data beyond service requirements

7.4 Data Retention

Retention periods:

• Active data: Duration of subscription plus 90 days
• Financial records: 7 years (legal requirement)
• Aggregated data: Indefinitely
• Backups: 90-day rotation
• Archived data: Per agreed retention policy

7.5 Data Portability

You can:

• Export data in standard formats (CSV, JSON)
• Access via API (Enterprise plans)
• Request specific data extracts
• Maintain local backups

Export limitations:

• Some system data may not be portable
• Reasonable limits on frequency
• Large exports may incur fees

7.6 International Data Transfers

If operating internationally:

• Primary processing in Australia
• Transfers comply with Privacy Act requirements
• Standard contractual clauses where required
• You consent to necessary transfers
• Local data residency available (Enterprise only, additional fees)

8. INTELLECTUAL PROPERTY

8.1 Our Intellectual Property

We retain all rights to:

• Platform software and code
• Scratchie name, logos, and branding
• Platform features and functionality
• Documentation and training materials
• Aggregated insights and analytics
• Patents, trade secrets, and know-how

8.2 Your Intellectual Property

You retain rights to:

• Your uploaded content
• Your company branding
• Custom configurations
• User-generated content

License grant: You grant us a non-exclusive, worldwide, royalty-free licence to use your content solely to provide the Platform services.

8.3 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide become our property without compensation. We may use these to improve our services without restriction.

8.4 Restrictions

You must not:

• Copy, modify, or reverse engineer the Platform
• Create derivative works
• Use our branding without written permission
• Remove copyright or proprietary notices
• Attempt to extract source code
• Resell or sublicense the Platform

8.5 Third-Party Components

The Platform may include third-party components under separate licenses. We'll identify these where required.

9. WARRANTIES AND LIABILITY

9.1 Our Warranties

We warrant that:

• We have the right to provide the Platform
• The Platform will substantially perform as described
• We'll maintain commercially reasonable security
• We'll provide services with reasonable skill and care

9.2 Disclaimer of Other Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Platform is provided "as is" and "as available"
• We disclaim all implied warranties including merchantability and fitness for purpose
• We don't warrant uninterrupted or error-free operation
• We don't warrant against all security breaches

9.3 LIMITATION OF LIABILITY

OUR MAXIMUM LIABILITY:

Our total aggregate liability for any claims arising from this Agreement, regardless of the type of claim, is strictly limited to the fees you actually paid us in the 3 months immediately preceding the event giving rise to the claim.

This limitation applies to:

• Contract, tort (including negligence), or statutory claims
• Direct and indirect damages
• Multiple claims aggregated

9.4 Exclusion of Consequential Damages

WE ARE NOT LIABLE FOR:

• Indirect, incidental, or consequential damages
• Lost profits, revenue, or business opportunities
• Loss of data (you must maintain backups)
• Loss of goodwill or reputation
• Punitive or exemplary damages
• Third-party claims against you

Even if we knew such damages were possible.

9.5 Essential Purpose

These limitations apply even if remedies fail of their essential purpose.

9.6 Consumer Guarantees

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

9.7 Your Acknowledgments

You acknowledge that:

• The fees reflect the allocation of risk in this Agreement
• You've had opportunity to seek independent advice
• You'll maintain appropriate insurance
• You're responsible for your compliance obligations

10. TERMINATION

10.1 Term

This Agreement continues on a month-to-month basis until terminated in accordance with this section.

10.2 Termination for Convenience

By You:

• 30 days' written notice
• No refund of current month's fees
• Effective at end of current billing period

By Us:

• 60 days' written notice (standard)
• 30 days' for strategic business reasons
• May offer migration assistance

10.3 Termination for Cause

We may terminate immediately if you:

• Materially breach this Agreement (after 14 days' notice to cure, if curable)
• Fail to pay fees after suspension
• Engage in fraudulent activity
• Violate Acceptable Use Policy (serious violations)
• Become insolvent or bankrupt
• Breach confidentiality obligations

You may terminate immediately if we:

• Materially breach this Agreement (after 14 days' notice to cure)
• Cease providing the Platform entirely
• Become insolvent

10.4 Effect of Termination

Upon termination:

• Access ceases at end of notice period
• Outstanding fees become immediately due
• Unused Award Wallet balance refunded (less fees) within 14 business days
• Data available for export for 90 days
• After 90 days, we may delete all data
• Confidentiality obligations survive

We may retain:

• Aggregated and anonymised data
• Data required for legal compliance
• Financial records as required by law

10.5 Suspension Rights

We may suspend access immediately if:

• Payment fails after notice
• Security threat detected
• Legal requirement
• Investigating potential breach
• Maintenance or emergency

During suspension: Read-only access where possible.

11. INDEMNIFICATION

11.1 Your Indemnification

You indemnify us, our officers, directors, employees, and agents from and against all claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of this Agreement
• Your violation of applicable laws
• Your use of the Platform
• User misconduct you should have prevented
• Your employment relationships and obligations
• Third-party claims related to your use
• Your violation of third-party rights
• Tax obligations related to awards
• Data breaches caused by your actions/omissions

11.2 Our Indemnification

We indemnify you solely for third-party claims that the Platform itself infringes intellectual property rights, provided you:

• Notify us promptly
• Give us control of the defence
• Provide reasonable cooperation
• Don't admit liability or settle without our consent

11.3 Indemnification Procedures

The indemnified party must:

• Provide prompt written notice
• Allow the indemnifying party to control defence
• Not make admissions or settlements without consent
• Provide reasonable assistance

11.4 Mitigation

Each party must use reasonable efforts to mitigate any losses.

12. DISPUTE RESOLUTION

12.1 Escalation Process

Before formal proceedings:

1. Good faith negotiations (30 days minimum)
2. Escalation to senior management
3. Mediation if agreed (shared costs)

12.2 Mediation

If agreed, mediation will be:

• Conducted in Sydney, NSW (or by video)
• Under ACICA Mediation Rules
• Costs shared equally
• Without prejudice basis

12.3 Jurisdiction

If mediation fails or isn't pursued:

• Exclusive jurisdiction: Courts of New South Wales
• Governing law: Laws of New South Wales, Australia
• You submit to non-exclusive jurisdiction

12.4 Continued Performance

Both parties continue performing obligations during disputes unless the dispute directly concerns those specific obligations.

12.5 Injunctive Relief

Nothing prevents either party seeking urgent injunctive relief.

12.6 Class Action Waiver

You agree to resolve disputes individually and waive any right to bring or participate in class, collective, or representative actions.

13. CONFIDENTIALITY

13.1 Confidential Information

Includes:

• Non-public business information
• Technical specifications
• Pricing not publicly available
• User data and analytics
• Strategic plans
• Security measures

Excludes information that:

• Is publicly available (not through breach)
• Was rightfully known previously
• Is independently developed
• Must be disclosed by law

13.2 Obligations

Each party must:

• Maintain strict confidentiality
• Use only for Agreement purposes
• Limit access to need-to-know basis
• Protect with reasonable security
• Return or destroy upon request

13.3 Term

Confidentiality obligations survive termination for 5 years.

14. GENERAL PROVISIONS

14.1 Entire Agreement

This Agreement (including incorporated documents) constitutes the entire agreement and supersedes all prior agreements, understandings, and representations.

14.2 Amendments

We may modify these Terms by:

• Providing 30 days' notice (standard changes)
• Providing 60 days' notice (material changes)
• Immediate changes for legal compliance

Continued use after notice period constitutes acceptance.

14.3 Assignment

You cannot assign without our prior written consent.

We may assign to:

• Related entities
• Successors in business
• As part of merger or acquisition

14.4 Severability

If any provision is invalid or unenforceable:

• It will be modified minimally to make it valid
• If modification impossible, it's severed
• Remainder continues in full force

14.5 Waiver

No waiver is effective unless in writing. Failure to enforce doesn't constitute waiver of future enforcement.

14.6 Force Majeure

Neither party liable for delays or failures due to causes beyond reasonable control, including:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions
• Pandemic or epidemic
• Internet or infrastructure failures
• Labour disputes (excluding our employees)

Affected party must:

• Notify promptly
• Minimize impact
• Resume performance when possible

14.7 Relationship

The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.

14.8 Notices

Legal notices must be sent to:

Scratchie Pty Ltd
Level 5, 1 Moore Street
Canberra, ACT 2601
Email: legal@scratchie.com

Your notice details: As provided in your account

Notice is effective:

• Email: Upon receipt confirmation
• Registered post: 3 business days after sending
• Hand delivery: Upon delivery

14.9 Interpretation

• Headings don't affect interpretation
• "Including" means "including without limitation"
• Singular includes plural and vice versa
• References to laws include amendments
• Business days exclude weekends and NSW public holidays

14.10 Survival

The following survive termination:

• Payment obligations
• Confidentiality
• Intellectual property
• Indemnification
• Limitation of liability
• Dispute resolution
• General provisions

14.11 Third-Party Rights

Except for indemnified parties, no third party has rights under this Agreement.

14.12 Publicity

Neither party may use the other's name or marks in publicity without prior written consent, except:

• We may list you as a customer
• You may state you use Scratchie
• Both may comply with legal requirements

14.13 Export Compliance

You must comply with applicable export laws and sanctions. The Platform may not be used in embargoed countries or by restricted parties.

14.14 Anti-Corruption

Each party warrants compliance with anti-corruption laws and will not offer or accept bribes or improper payments.

15. SPECIAL PROVISIONS

15.1 Beta Features

We may offer beta features that are:

• Provided "as is" without warranties
• Subject to change or discontinuation
• Not covered by service levels
• Subject to additional terms

15.2 Enterprise Agreements

Enterprise customers may negotiate:

• Custom terms via separate agreement
• Volume discounts
• Enhanced service levels
• Additional features
• Custom integrations

Enterprise agreements supersede these standard terms where they conflict.

15.3 Government Customers

Government entities may be subject to:

• Modified payment terms
• Additional compliance requirements
• Specific procurement rules
• Modified limitation of liability

15.4 International Operations

When operating internationally:

• Local laws may impose additional requirements
• Currency conversion at prevailing rates
• Payment processing may vary
• Support hours in AEST
• English-language support standard

15.5 Insurance

We maintain:

• Professional indemnity insurance
• Public liability insurance
• Cyber liability insurance
• Workers compensation insurance

Details available upon reasonable request.

SCHEDULE 1: SERVICE FEES

As of [DATE]:

All fees exclude GST unless stated otherwise.

SCHEDULE 2: CONTACT INFORMATION

Customer Support:

• Email: support@scratchie.com
• Phone: 1300 SCRATCHIE (1300 727 282)
• Hours: Monday-Friday 8:30 AM - 5:30 PM AEST

Billing Inquiries:

• Email: billing@scratchie.com
• Phone: 1300 SCRATCHIE

Security Issues:

• Email: security@scratchie.com
• Available: 24/7 for critical issues

Legal Notices:

• Email: legal@scratchie.com
• Post: 285A Crown St, Surry Hills NSW 2010

Report Abuse:

• Email: abuse@scratchie.com
• In-app reporting available

ACCEPTANCE

By clicking "Accept", registering for an account, or using the Platform, you acknowledge that:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You have authority to bind your organisation
• You will ensure users comply with applicable terms

END OF CUSTOMER TERMS AND CONDITIONS

Version: 3.0
Last Updated: 1 November 2025
Questions? legal@scratchie.com

Remember: These Terms protect both parties and ensure the Platform operates effectively for all users. If you have questions or concerns, please contact us before accepting.