Gander Retail Terms and Conditions

1. Information about Gander Retail Holdings Pty Ltd

1.1 Who we are.

We are Gander Retail Holdings Pty Ltd (trading as “Gander Retail”), a company incorporated and registered in the State of Queensland.

1.2 What we do.

We own and operate the website www.ganderapp.com.au (the “Gander Retail website”). We operate the Gander smartphone apps for iOS and Android devices under exclusive licence (the “Gander apps”). Collectively, we refer to the Gander Retail website and each of our Gander apps as the “Gander Platform”. The Gander Platform provides aggregated information to consumers about price reductions, product promotions and loyalty scheme offers available from retailers in the food and grocery sector.

2. Gander Retail T&Cs

2.1 Use of the Gander Platform is subject to these terms.

Your use of any part of the Gander Platform is subject to these Gander Retail Terms & Conditions (“T&Cs”). Please read these T&Cs carefully. By activating and using any part of the Gander Platform, you will be deemed to have accepted and agree to be bound by these T&Cs in full and you agree to abide by them regardless of whether you are registered on the Gander Platform or not.

If you do not agree to these T&Cs, you are not entitled to use any part of the Gander Platform and must stop using the Gander Platform immediately.

2.2 There are other terms that may apply to you.

These T&Cs also refer to the following terms, which also apply to your use of the Gander Platform:

• Gander Retail’s Privacy Policy which is located here www.ganderapp.com.au/privacy; and 

If there is any conflict between these T&Cs and any of the terms listed above, these T&Cs will take precedence.

2.3 These T&Cs may get updated.

We may revise these T&Cs at any time by posting an update on this page. Your continued use of the Gander Platform after any such change constitutes your acceptance of the new T&Cs and they will be binding on you. You should therefore check this page from time to time to review the current version of the T&Cs. These T&Cs were most recently updated in February 2023.

3. Gander Retail Service

3.1 Gander Retail provides software only.

The service provided by Gander Retail consists solely of the provision of access to the Gander Platform.

3.2 Gander Retail is not a retailer.

You acknowledge that Gander Retail is not responsible for the promotion of any products on the Gander Platform. Any promotions or products offered via the Gander Platform are offered by third party retailers who have subscribed to use the Gander Platform.

3.3 Gander Retail is not responsible for the content of retailer promotions.

You acknowledge that while the Gander Platform displays aggregated information relating to retailer price reductions, Gander Retail is not responsible for the contents of such information, which is provided by third parties including the third-party retailers.

3.4 Address product complaints to the retailer.

If you have any issue with any product displayed via the Gander Platform, you should address any such issue or complaint to the relevant retailer directly.

4. Accessing the Gander Platform

4.1 Register for full functionality.

To access certain functionality, you are required to register an account with Gander Retail. When you register with us, you agree to provide accurate and complete profile information about yourself as prompted by the relevant registration form.

4.2 The Gander Platform is only for users in Australia and New Zealand.

The Gander Platform is directed to people residing in the Australia or New Zealand. We do not represent that content available on or through the Gander Platform is appropriate for use or available in other locations.

4.3 The Gander Platform may occasionally be unavailable.

Gander Retail does not guarantee that the Gander Platform will always be available or uninterrupted and Gander Retail will not be liable for any reason if the Gander Platform is unavailable at any time or for any period. Access to the Gander Platform may be suspended temporarily and without notice in the case of system failure, maintenance, upgrade or repair.

4.4 We are entitled to monitor use of the Gander Platform.

Gander Retail does not generally monitor your individual user activity; however, Gander Retail is entitled to monitor and/or review your use of the Gander Platform. If Gander Retail becomes aware of any possible violations by you of any provision of these T&Cs, Gander Retail reserves the right to investigate such violations.

4.5 Gander Retail can revoke your login credentials.

Gander Retail is entitled to immediately revoke the licence granted in clause 7.2, including disabling your login credentials, for any reason, including if in our sole and unfettered opinion you have failed to comply with any provision of these T&Cs.

4.6 Software updates.

From time to time, without notice to you and at the licensor’s sole and unfettered discretion, updates may be introduced to the Gander Platform, for example to introduce new and/or improved functionality.

4.7 Third party software.

Gander Retail is not obliged to customise any part of the Gander Platform to ensure compatibility with any third-party software.

4.8 Minimum technical requirements.

You are responsible for ensuring that:

• you have a reliable connection to the internet; and
• the device you use to access the Gander Platform complies with the minimum technical requirements specified by Gander Retail (which may change from time to time).

5. User standards

5.1 You are responsible for complying with all applicable laws pertaining to your use of the Gander Platform.

You are responsible for ensuring that you comply with all applicable legislation.

5.2 Do not misuse the Gander Platform.

You must only use the Gander Platform for its intended purposes and in accordance with Gander Retail’s or the licensor’s official documentation. Gander Retail is not responsible for any damage or loss you suffer as a result of misusing the Gander Platform. You must not use or access the Gander Platform in order to build a competing product.

5.3 Do not publish offensive content.

You will not publish or disseminate material that infringes or may infringe the rights (including intellectual property rights pertaining to the Gander Platform or otherwise) of any individual, entity or other third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of the Gander Platform by any other user or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction.

5.4 No spamming.

Do not publish or disseminate unsolicited or unauthorised advertisements or promotional materials (including junk mail, spam, chain letters, pyramid schemes etc.) to any other user of the Gander Platform.

5.5 Do not do anything to bring Gander Retail into disrepute.

You will not publish or disseminate any material that brings or may bring Gander Retail into dispute or disrepute or in any way damages the standing or reputation of Gander Retail, the licensor or the Gander Platform.

6. Security

6.1 We take security precautions.

Gander Retail uses commercially reasonable endeavours to ensure that the Gander Platform is secure, including preventing unauthorised access to the Gander Platform.

6.2 Do not share your login credentials.

You must treat your login credentials as confidential. Sharing your login credentials with any other person or making them available to multiple users on a network is strictly prohibited. Accordingly, you agree to:

1. maintain the security of your login credentials and be fully responsible for all use of the Gander Platform made using your login credentials;
2. notify us immediately if you suspect or become aware of any unauthorised use of your login credentials or any other breach of the Gander Platform’s security, by contacting Gander Retail and providing details of the unauthorised use or other security breach; and
3. ensure that you log out of your account at the end of each session when using a public or shared device.

6.3 No liability for unauthorised use of your login credentials.

Neither Gander Retail nor the licensor accept any liability for any losses, damages or costs arising from or in relation to your failure to comply with clause 6.2.

6.4 Do not hack or misuse the Gander Platform.

You must not misuse the Gander Platform by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Gander Platform, the server(s) on which the any part of the Gander Platform is hosted or any other server, computer or database connected to the Gander Platform. You must not attack the Gander Platform via any form of denial-of-service attack.

6.5 Hackers will be prosecuted.

By breaching clause 6.4, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

6.6 The Gander Platform may contain viruses.

Together with the licensor, we use reasonable endeavours to ensure that the Gander Platform does not contain or disseminate any viruses or material which is malicious or technologically harmful. However, we do not guarantee that the Gander Platform will be free from bugs, viruses or malicious code and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your device, equipment, software, data or other proprietary material due to your use of the Gander Platform. We therefore recommend that you use your own virus protection software and scan regularly for the presence of viruses and other malicious or technologically harmful code on your device.

6.7 Do not upload malicious content.

You are responsible for ensuring that any data that you upload to the Gander Platform does not contain any malicious content or technologically harmful material which could damage Gander Retail’s systems or compromise the Gander Platform.

7. Intellectual property rights

7.1 We hold under licence all right to use and application of all intellectual property in the Gander Platform.

Gander Retail licenses from Gander Limited (whose registered address is at Euromanx House, Freeport, Ballasalla, IM9 2AP, Isle of Man (“the licensor”)) throughout Australia and New Zealand all right and title in the intellectual property rights in the Gander Platform and all content displayed on the Gander Platform, including but not limited to all trademarks, copyrights, database rights and other intellectual property rights of any nature and all underlying software code. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2 Licence to use Gander Platform.

As long as you comply in full with these T&Cs, Gander Retail grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Gander Platform.

7.3 Do not copy or redistribute the Gander Platform content.

You must not copy, scrape, extract, reproduce, modify, license to any third party, or sell or offer to sell to any third party any data from Gander Platform. You agree not to use, or cause to be used, any manual or automated program, tool, or process, (including any scraper or spider robot), to extract, scrape, data mine, transmit, or publish, any part of the Gander Platform.

7.4 Do not interfere with any trademarks or copyright.

You will not interfere with or attempt to remove any trademark or copyright notices from any content on the Gander Platform.

7.5 You grant us a licence to use your data.

By sharing any data with Gander Retail (as further described in the Gander Retail Privacy Policy), you grant Gander Retail and the licensor a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use your data for the purpose of providing the Gander Platform, including but not limited to displaying, copying, editing, and creating derivative data relating to all such data.

7.6 Derivative works.

Gander Retail and the licensor shall own all intellectual property rights in any derivative works created by Gander Retail from any data you share with Gander Retail and the licensor or submit or upload as a result of using the Gander Platform and you waive any moral rights that you may have in any such data.

8. Data protection

8.1 You agree to the terms of our Privacy Policy.

Gander Retail and the licensor have privacy policy (the “Gander Retail Privacy Policy”) which you can access here www.ganderapp.com.au/privacy. We strongly recommend that you read and ensure you understand the Gander Retail Privacy Policy prior to using the Gander Platform.

8.2 We may process personal data.

As a result of your use of the Gander Platform, Gander Retail will process personal data, however any personal data processed by Gander Retail will only be processed in accordance with the Gander Retail Privacy Policy.

9. Liability

9.1 We do not exclude liability for death or injury or other specified losses.

Nothing in these T&Cs will operate to exclude or limit either party’s liability (a) for death or personal injury caused by its negligence; (b) for any fraud or fraudulent misrepresentation; or (c) to the extent that such liability cannot be excluded or limited under applicable law.

9.2 Do not use the Gander Platform for commercial purposes.

You agree not to use the Gander Platform for any commercial or business purposes, and neither Gander Retail or the licensor will bear liability to you (whether in contract, tort (including negligence) or otherwise) for any loss of profit, loss of revenue, loss of sales, business or business opportunity, loss of agreements or contracts, wasted expenditure, anticipated savings, damage to reputation or loss of goodwill or loss or corruption of data, in each case, whether direct or indirect; or indirect, consequential or special loss. Subject to clause 9.1 and this clause 9.2, Gander Retail and/or the licensor’s aggregate liability to you for any loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise connected to or arising out of these T&Cs or your use of the Gander Platform, shall not exceed AUD$100.00.

9.3 Defective digital content.

In the event that the Gander Platform is proven to contain defective digital content that Gander Retail and/or the licensor has supplied (for example if either the Gander Retail website or Gander app damages your device or other digital content owned by you, and this is caused by Gander Retail’s failure to use reasonable care and skill) Gander Retail and/or the licensor will, in their sole and unfettered discretion of either or both of them, either repair the damage or pay you compensation in an amount of no more than Gander Retail and/or the licensor considers appropriate. However, neither Gander Retail nor the licensor will be liable for damage that you could have avoided by following the advice of either of them to install the latest software update offered to you free of charge or for damage that was caused by you using the Gander Retail website or Gander app in a manner that Gander Retail do not authorise, or for you failing have in place reasonable anti-virus software or the minimum system requirements required to use the Gander Retail website or Gander app.

10. App specific terms

10.1 Additional terms required by app stores.

The provisions of this clause 10 apply if you are using the Gander app. The Gander app, which is available on both the Apple App Store, and the Google Play Store, is controlled and offered by Gander Retail from our facilities in Australia. The use and distribution of the Gander app via the relevant app store is governed by the relevant app store’s own rules, with which we must both comply. In the event of a conflict between these T&Cs and the terms of the app store that you downloaded our app from, that app store’s terms shall take priority.

1. you acknowledge that these T&Cs are between Gander Retail and you only, and not with the third-party manufacturer or provider of your device or operating system (“Device Manufacturer”);
2. you acknowledge that the Device Manufacturer has no obligation whatsoever to furnish any maintenance and support services with respect to the Gander app;
3. in the event of any failure of the Gander app to conform to any applicable warranty, you may notify the Device Manufacturer, and the Device Manufacturer will refund the purchase price (if any) for the app to you and, to the maximum extent permitted by applicable law, the Device Manufacturer will have no other warranty obligation whatsoever with respect to the Gander app;
4. you acknowledge that Gander Retail, not the Device Manufacturer, are responsible for addressing any claims of yours or any third party relating to the Gander app;
5. you acknowledge that, in the event of any third-party claim that the Gander app or your use of the Gander app infringes that third party’s intellectual property rights, the Device Manufacturer will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;
6. you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties; and
7. you acknowledge and agree that the Device Manufacturer, and the Device Manufacturer’s subsidiaries, are third party beneficiaries of these T&Cs, and that, upon your acceptance of these T&Cs, the Device Manufacturer will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third-party beneficiary.

11. General

11.1 Assignment.

Gander Retail may transfer our rights and obligations under these T&Cs to another organisation. Gander Retail will always tell you in writing if this happens. You will not transfer your rights or your obligations under these T&Cs to another person or entity unless Gander Retail provides its prior written consent.

11.2 Entire agreement.

Subject to clause 2.2, these T&Cs and the Gander Retail Privacy Policy constitute the entire understanding and agreement between you and Gander Retail in relation to your use of the Gander Platform. You agree that you have not relied on any statement or information in entering into these T&Cs and the Gander Retail Privacy Policy which is not set out therein. However, noting in this clause shall restrict Gander Retail’s liability for fraudulent misrepresentation.

11.3 No rights for third parties.

Subject to clause 10.1(G), these T&Cs do not give rise to any rights under any applicable laws to enforce any of these T&Cs, except as expressly set out in these T&Cs.

11.4 No waiver.

If Gander Retail does not insist immediately that you do something you are required to do under these T&Cs, or if Gander Retail delays in taking steps against you in respect of you breaching these T&Cs, that will not mean that you will not have to do those things, and it will not prevent Gander Retail from taking steps against you in respect of your offending conduct at a later date.

11.5 Severance.

If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these T&Cs.

11.6 Governing law and jurisdiction.

These T&Cs (and any non-contractual obligations arising out of or in connection with these T&Cs and any claim or dispute in relation to their formation) shall be governed by and construed in accordance with the laws of the State of Queensland and subject to the non-exclusive jurisdiction of the Courts or tribunals of that State.

12. Contact details

12.1 How we may contact you.

If Gander Retail needs to contact you, it may do so using the contact details you provided upon registration with Gander Retail.

12.2 Gander Retail’s contact details.

You can contact Gander Retail using the following details:

Email us at support@ganderapp.com.au; or
Write to us at Gander Retail Holdings, Level 1, 142 Bundall Rd, Bundall, 4217 QLD Australia