Terms of Service

Last updated: 8 April 2026

These Terms of Service govern your access to and use of Smally Loyalty, a digital loyalty and customer engagement platform operated by Maslin Enterprises Pty Ltd ABN 87 118 426 190. In these terms, we, us, and our mean Maslin Enterprises Pty Ltd, and you means the person or business using Smally Loyalty.

1. Acceptance of these terms

By accessing Smally Loyalty, creating an account, or using any Smally Loyalty website, dashboard, app, scanner, wallet pass, or related service, you agree to these terms and our Privacy Policy. If you use Smally Loyalty on behalf of a business or other entity, you confirm that you have authority to bind that entity to these terms.

2. Our service

Smally Loyalty provides software and related services for loyalty programs, customer identity, rewards, offers, messaging, reporting, staff scanning flows, and related business tools. We may improve, change, suspend, or discontinue any part of the service from time to time.

3. Eligibility and accounts

You must provide accurate, current, and complete information when creating or updating an account. You are responsible for maintaining the confidentiality of your passwords, tokens, and devices, and for all activity carried out using your account. You must notify us promptly if you suspect unauthorised access or a security issue.

4. Acceptable use

You must not misuse Smally Loyalty. This includes, without limitation, attempting to gain unauthorised access, interfering with platform performance, introducing malicious code, scraping or copying data without permission, impersonating another person, sending unlawful or misleading communications, or using Smally Loyalty in a way that breaches any law, regulation, code, or third-party right.

5. Business responsibilities

If you use Smally Loyalty for a business, you are responsible for the loyalty settings, rewards, promotional offers, campaign content, staff access, customer-facing representations, and any legal obligations that apply to your business. You must ensure your offers, rewards, promotions, and communications are lawful, accurate, and honoured as presented to customers. You are solely responsible for the wording, conditions, exclusions, redemption outcomes, and fulfilment of your offers and rewards.

We provide platform tools only. We do not review, approve, certify, or guarantee that a business offer is lawful, accurate, enforceable, or suitable for your circumstances.

6. Customer identity and platform controls

Smally Loyalty may operate a shared customer identity across participating businesses. Platform rules, privacy settings, communication controls, delivery safeguards, and plan entitlements may limit what data is visible to a business and what actions a business can take. You must not attempt to work around those controls.

7. Fees, plans, and billing

Some parts of Smally Loyalty may be free and others may require payment. If you subscribe to a paid plan or paid feature, you agree to pay the fees and charges we specify at the time of purchase. Unless we state otherwise, fees are in Australian dollars and are non-refundable except as required by law, including the Australian Consumer Law. We may change pricing or plan inclusions prospectively by giving reasonable notice.

8. Third-party services

Smally Loyalty may rely on or integrate with third-party services such as hosting providers, analytics tools, payment processors, wallet providers, telecommunications services, email delivery tools, or app platforms. We are not responsible for third-party services, and your use of them may also be subject to separate terms and policies.

9. Intellectual property

We or our licensors own all rights, title, and interest in Smally Loyalty, including software, branding, content, workflows, designs, documentation, and underlying technology, except for content you lawfully submit. Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use Smally Loyalty for your internal business or personal use as applicable.

10. Your content and data

You retain ownership of content and data you submit to Smally Loyalty, but you grant us a licence to host, store, reproduce, adapt, transmit, and otherwise use that content and data to operate, secure, support, improve, and provide Smally Loyalty. You confirm that you have all rights needed to provide that content and data to us.

11. Privacy

We handle personal information in accordance with our Privacy Policy. You must also comply with applicable privacy and marketing laws when using Smally Loyalty, including any obligations that apply to your collection or use of customer information outside the platform.

12. Availability and support

We aim to provide a reliable service, but Smally Loyalty is provided on an as is and as available basis. We do not promise uninterrupted availability, error-free operation, or that every feature will always be available. Maintenance, upgrades, outages, security events, third-party issues, or internet failures may affect access to the service.

13. Disclaimers

To the maximum extent permitted by law, we exclude all warranties, representations, and guarantees not expressly stated in these terms. Nothing in these terms excludes, restricts, or modifies any consumer guarantee, statutory right, or other non-excludable right under the Australian Consumer Law or other applicable law.

14. Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, punitive, or consequential loss, or any loss of profits, revenue, goodwill, data, or business opportunity arising from or connected with Smally Loyalty. To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or in connection with Smally Loyalty is limited to the amount you paid us for the relevant service in the 12 months before the event giving rise to the claim, or if no amount was paid, AUD $100.

15. Indemnity

You indemnify us, our directors, officers, employees, and contractors against loss, damage, liability, cost, and expense arising from your misuse of Smally Loyalty, your breach of these terms, your content or data, your offers/rewards/promotions, or your breach of any law or third-party right, except to the extent the loss is caused by our own wrongful act or omission.

16. Suspension and termination

We may suspend, restrict, remove, or terminate access to Smally Loyalty immediately if we reasonably believe this is necessary to protect the service, comply with law, respond to a security risk, prevent misuse, address a breach of these terms, or address an offer, reward, promotion, or communication that appears unlawful, misleading, inaccurate, or likely to cause customer harm. This includes pausing or removing specific loyalty rules, rewards, campaigns, or related account actions.

You may stop using Smally Loyalty at any time. Clauses that by their nature should survive termination continue to apply after termination.

17. Changes to these terms

We may update these terms from time to time. The updated version will apply from the time it is published, or from any later date we specify. Continued use of Smally Loyalty after an update takes effect means you accept the updated terms.

18. Governing law

These terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

19. Contact

If you have questions about these terms, contact us at [email protected].