Disclosures: 

By accepting these Terms, you agree that: 

  • our liability will be limited to us resupplying the Platform to you, or to us repaying you the fees paid by you; 
  • we exclude our liability for: (i) any error in the Platform, including interruptions or downtime to the Platform; (ii) the Platform not being suitable for you; (iii) any external site accessed via the Platform; or (iv) consequential loss;  
  • subject to your consumer law rights, you must indemnify us against any liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you; and 
  • we may, at any time, discontinue the Platform or exclude any person from the Platform, for which we will not be responsible for any loss or damage. 

Nothing in these Terms limits your rights under the Australian Consumer Law.  

Welcome 

Welcome to Glimmer! We are a positive community, connecting people to share constructive and helpful content, and to make a positive difference in the lives of others. Glimmer also strives to promote and raise awareness of our shared social and environmental responsibilities and the ways in which we can help our planet. Before you begin using Glimmer as a Business, we would like you to read our terms and conditions to ensure that you are informed of the appropriate use of our Platform. 

We provide the Glimmer Platform and to use it you must accept these terms and conditions  

Acceptance and Our Services 

  1. We provide and operate the Glimmer Platform where Well-Wishers and Businesses can connect and communicate with others in a positive, empowering and encouraging way.  
  1. You accept these Terms as a Business by using or browsing the Platform, downloading one of our mobile applications or by creating an Account.  
  1. If you access or download our mobile application from:  
  • the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; or  
  • the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service. 
  1. By using the Platform on behalf of a business entity (who may be your employer), you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms. 
  1. We reserve the right, and the sole and absolute discretion, to amend our Terms and Privacy Policy from time to time. You agree that your continued use of our Services after any such amendment to the Terms and Privacy Policy will be taken as your acceptance of the terms of the amended Terms and Privacy Policy. 

Here are some words which have special meanings in these Terms 

Definitions 

Account: means your account as a user of our Platform.  

Business: means an Account holder with either a Business Account or a MediaPub Account, with the ability to post both free and sponsored sustainability-related content.  

Content: the text, photos, videos and other material that users share or upload on our Platform. 

Boostboard: Boostboard are promoted posts where you can convert your post to a paid Boostboard to reach the audience of your choice. Simply select your audience, set your budget, and boost your post.You will pay for impressions (charged per 1,000 impressions). 

Glowboard: Glowboard content appears directly in the Glimmer feed of Well-Wishers.  These are sponsored posts and presented in a few different layouts in the form of text, a single image, video and carousel images and/videos, which also contains a link to a different landing page. 

Glowing: On the Glimmer Platform, the word Glowing means ‘Trending’, similar to the use in general digital platforms. It is a post, comment or topic that becomes popular through increased in-app interactions and is mentioned at a higher rate than others. 

Glows: Reactions – Glimmer Reactions are a group of icon expressions that provides an easy way for Well-wishers and Business Account holders to express themselves in the form of a quick response to a post.  Tap and hold the Love (heart) icon to reveal the group of reaction options for Thank you, Celebrate and Inspired. 

MediaPub Account: A MediaPub (News Media and Publications Companies) account is a business account that participates in posting news articles, topical issues and sponsored content. 

Our Content: Includes all of the materials we make available on our Platform, including all information that we make available through the Glimmer business account. 

Our Services: Social media and networking, app-to-app communication, Business Accounts, MediaPub Accounts, as described on the Platform. 

Platform or Glimmer Platform means our digital platform which is available through our mobile applications (on both the Apple App Store and the Google Play Store), our desktop application or other channels. 

Subscription: A subscription in Glimmer is a paid-in-advance Business or MediaPub Account that provides to the account holder specific business features as set out on the Platform. 

Subscription Fee: The fee paid by Businesses for their Subscription, as set out on the Platform.   

Terms: these terms and conditions, including any policies or other terms set out on the Platform. 

Us (we or our) or Glimmer means Glimmer World Pty Ltd ABN 44 645 962 036. 

Well-wisher: We refer to a user of our app as a Well-wisher, which means a person who wishes well for another person or cause. 

You: means the Business using the Platform. 

You must create an Account to use our Platform  

Registration 

  1. To register as a Business, we will review your request for an Account through automated checks before approving the request.  We may use a third-party service to confirm the existence of your business before approving your Account. Any verification of a Business is not an endorsement or recommendation of that Business. Business Accounts are denoted by a small green label (or similar) to differentiate them from Well-Wishers.  
  1. At our sole discretion, we may refuse to allow any business to register or create an Account. 
  1. To register, you are required to provide the necessary information about your business and you must choose a strong password.   
  1. Once you have successfully registered for an Account, your Account information will be used to create a profile which you may then customise.  
  1. You agree to provide accurate, current, and complete information during the registration process and to ensure that this information is kept up to date and complete. 
  1. You are responsible for keeping your Account details updated and your password confidential and you will be liable for all activity on your Account, including payments made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.  
  1. Businesses have a unique opportunity to showcase their environmental and social initiatives that strive to improve the health and well-being of people and restore the health of our planet. 
  2. As a Business page owner, you may nominate up to three administrators from your business or organisation who will be permitted to use your Business page through selecting an Admin role. You are permitted to have one page owner and up to three administrators at any given time. As a Business page owner, you can nominate another Business owner by selecting the appropriate role however, your role as a Business page owner will be defaulted to an administrator role. 

Businesses may pay a Subscription Fee to use the Platform  

Subscription Fees  

  1. To create an Account, Businesses must purchase a Subscription with the inclusions set out on the Platform. You must choose one of three options to proceed with creating your account and you will be initially defaulted to the free Pay-As-You-Go option.  
  1. You must pay the Subscription Fee for each monthly or yearly (depending on the option you choose) billing cycle via the payment method set out on the Platform which will include a third-party payment processor (Stripe). The Subscription Fee will be automatically debited monthly or yearly (depending on the option you choose) in advance on the billing date set out on the Platform. The direct debit arrangement may be subject to additional terms and conditions from our third-party payment processor, as set out on the Platform. 
  1. To the maximum extent permitted by law, and subject to your Statutory Rights, the Subscription Fee is non-refundable. Your Subscription will automatically renew monthly or yearly (depending on the option you choose) unless you cancel your Subscription at least 10 days prior to the renewal. You can read more about our cancellation policy below. 
  1. The Subscription Fee excludes Australian GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf. 
  1. We may modify the Subscription Fee from time to time and will provide notice to you should this occur. The updated Subscription Fee will apply to the next billing date after the change has been notified to you. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Subscription in accordance with the cancellation clause below. 

You can cancel your Subscription at any time 

Cancelling your Subscription  

  • You may cancel your Subscription at any time in your Account settings. Your access to the benefits of the cancelled Subscription plan on the Platform will then end on the next billing date. You will still be able to use the free features of the Platform through the Pay As You Go Plan.  
  • To the extent permitted by law, and subject to your Statutory Rights, no refunds will be made upon cancellation for any unused portion of your billing period. Where you have cancelled your Subscription due to change of mind or other circumstances, we do not provide refunds of the Subscription Fee. We do not allow for a Subscription to be paused or reassigned to another business account. 

A fee is payable each time a link on your Glowboard is clicked  

Pay per click 

  • As well as your Subscription, Glimmer uses the pay-per-click (PPC) model of in-app marketing model whereby you pay a fee set out on the Platform (PPC Fee) each time a link from your Glowboard is clicked.  
  • The payment method connected to your Account will be charged for each PPC Fee.  To the maximum extent permitted by law, the PPC Fee is non-refundable.  

A fee is payable where you want to boost your posts 

Boosting posts (Boostboard) 

  • You may choose to incease the impressions of your posts on the Platform by converting your post to a Boostboard, if eligible. You will be able to select the number of desired impressions, and the fee payable is calculated based on the number of impressions and is set out on the Platform (Boostboard Fee). Should your post reach that number of impressions, you may choose to “boost” it again by paying the applicable Boostboard Fee.  
  • The payment method connected to your Account will be charged for each Boostboard Fee. To the maximum extent permitted by law, the Boostboard Fee is non-refundable.   

You share your personal information at your own risk  

Privacy 

  • We care about your privacy. The integrity and security of your personal information is important to us. Whilst we make every endeavour to provide the most sophisticated security on our Platform, security measures online can never be guaranteed. This means that we cannot guarantee the security of your Personal Information. You acknowledge that you provide your personal information at your own risk.  
  • All chat communications are end-to-end encrypted. This means that your personal communication with the intended person stays private and secure. No one else can gain access, not even Glimmer. 
  • We collect personal information about you, in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.  

We have specific rules about your Glowboards and Boostboards 

Glowboards and Boostboards 

  1. You will be permitted to post, upload, publish, submit, or transmit information and content on our Platform. By making available any content, Glowboards or Boostboards on or through our Platform, you grant to us a perpetual, non-exclusive, royalty-free licence to use the content in your Glowboards, with the right to use, view, copy, and modify such content on, through or by means of our Platform.  
  1. You represent and warrant that you are either the sole and exclusive owner of all content in your Account, or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such content as contemplated by these Terms. 
  1. You represent and warrant that your posts, Glowboards and Boostboards:  
  • must promote sustainability 
  • will not contain any commercial advertising  
  • will not contain third-party links which lead the user to a site displaying incorrect information, information unrelated to sustainability, or information which goes against the Glimmer ethos 
  • will not be obscene, explicit, illegal, defamatory, offensive, threatening, or otherwise harmful to any person  
  • will not contain violence or depictions of violence (including graphical or animated violence, and including sexual violence)  
  • will not involve nudity or partial nudity 
  • will not contain signs, gestures, or actions (including via emoticons, videos, sounds or GIFs) that are discriminatory, racially vilifying, intimidating, inciteful, hateful, vulgar, obscene, pornographic or sexually suggestive 
  • will not contain profanity, abuse or aggressive language, whether in English or in any other language 
  • will not contain the personal contact details or confidential information of you or any person  
  • will not contain any misleading or deceptive material, or otherwise be in breach of the Australian Consumer Law
  • will not contain any website links or URLs that would contravene these Terms. 
  1. You represent and warrant that neither the content nor the posting, uploading, publication, submission, or transmission of any of your content, Glowboards and Boostboards on, through or by means of our Platform will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

We have specific rules about the way you can use the Platform to foster a safe environment  

Prohibited Conduct 

Glimmer is a repository for all things good! It is important to us that everyone on our Platform looks after each other so that we can foster a safe, positive, inclusive environment. You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including:  

  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights; 
  • using our Platform to defame, harass, threaten, menace, stalk, or offend any person; 
  • interfering with any user using our Platform; 
  • tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; 
  • anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; 
  • using our Platform to send unsolicited email messages or any other form of communication that violates our guidelines or any laws; 
  • sharing or uploading files that contain viruses;  
  • facilitating or assisting a third party to do any of the above acts; 
  • uploading and sharing any Glowboards that contain information that is directly or indirectly in competition with our Services; or   
  •  uploading and sharing any Glowboards that contain brand names, company names, or registered trademarks; or contain words promoting political and/or religious issues. 

We grant you a licence to use the Platform and you must not breach our intellectual property rights 

Intellectual property rights 

  1. We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent. 
  1. Unless otherwise indicated, we own or license all rights, title, and interest (including intellectual property rights) in our Platform and all of Our Content. Your use of our Platform and your use of and access to any of Our Content does not grant or transfer to you any rights, title, or interest in relation to our Platform or Our Content.   
  1. We aggressively enforce our intellectual property rights to the fullest extent of the law. Our names and logos, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Platform, without our prior written permission. Fair use of our intellectual property requires proper acknowledgment. Other product and company names mentioned in our Platform may be the intellectual property of their respective owners. 
  1. You must not, without the prior written consent of ourselves or the owner of the content (as applicable):  
  • copy or use, in whole or in part, any of Our Content;  
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any of Our Content to any third party 
  • breach any intellectual property rights connected with our Platform, including by:  

– altering or modifying any of Our Content

– causing any of Our Content to be framed or embedded in another website

– creating derivative works from Our Content. 

Nothing in these Terms aims to contradict any of your rights under the Australian Consumer Law  

Consumer Guarantees 

  • Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees, and remedies relating to our provision of our Services which cannot be excluded, restricted, or modified (Statutory Rights). 
  • Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.   

Apple is not responsible for our Platform  

Notice regarding Apple (required by Apple) 

  1. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform. 
  1. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.  
  1. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility. 
  1. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: 
  • product liability claims;  
  • any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and  
  • claims arising under consumer protection or similar legislation. 
  • Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.  
  • You agree to comply with any applicable third-party terms when using our mobile application.  
  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. 
  • You hereby 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. 

We are not responsible for anything outside of our control  

Liability  

  1. In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future, or contingent and whether involving a third party or a party to these Terms or otherwise. 
  1. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:  
  • your acts or omissions;  
  • any works, services, goods, materials or items which do not form part of the Platform;  
  • any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform;  
  • the Platform being unavailable, or any delay in us providing our Services to you, for whatever reason;  
  • any aspect of your interaction with any other user;  
  • any event outside of our reasonable control; and/or  
  • any external website or landing page accessed through a link within Glimmer.  

3. This clause will survive the termination or expiry of these Terms. 

Our liability is limited  

Limitations on Liability  

  1. Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise,  
  • our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our Services to you or, in our sole discretion, to us repaying you the amount of the Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and  
  • we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data. 
  1. This clause will survive the termination or expiry of these Terms. 

You must make some promises to use our Platform, including that you agree to put us back in our original position, and not hold us responsible, if we suffer loss resulting from your use of the Platform or breach of these Terms.  

Warranties, disclaimers, and indemnities 

  1. You represent, warrant, and agree: 
  • that you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms;  
  • that these Terms constitute a legal, valid, and binding agreement, enforceable in accordance with its terms; and  
  • to provide all assistance, information, and documentation necessary to enable us to provide the Services and that all information you provide to us in connection with the Platform will be true, accurate and complete, including your profile name and that you will not make a false identity on the Platform.  
  1. You acknowledge and agree that: 
  • you use the Platform at your own risk; and  
  • the provision of the Platform may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs. 
  1. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms. 
  1. Indemnity: To the maximum extent permitted by law, you indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.  
  1. This clause will survive the termination or expiry of these Terms. 

We can terminate our relationship with you 

Termination 

At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms (including for non-payment of our Subscription Fees), any applicable laws, regulations, or third-party rights, or where you are a registered sex offender, or on our own assessment of suitability to have an account on this Platform.  

General 

  1. Third-party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse, or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.   
  1. Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion. 
  1. Competitors: You are prohibited from using our Platform, including Our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.  
  1. Complaints: If you wish to make a complaint about a user on the Platform, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint.  
  1. Information: All content on our Platform is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives, or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the content, we make no representation or warranty regarding it, to the extent permitted by law. The content is subject to change without notice. However, whilst we make every endeavour to keep our platform up-to-date, we cannot be held liable if any content is inaccurate or out-of-date. 
  1. Feedback: If you provide us with any idea, suggestion, recommendation, or request in connection with the Services (Feedback), you agree that we own such Feedback and that we may use the Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback. 
  1. Assignment: You may not assign, transfer, or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer, or delegate our rights and obligations under these Terms with 30 days prior notice. 
  1. Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. 
  1. Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. 
  1. Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.  

For any questions and notices, please contact us at: 

 [email protected]  

Last update: July 2024