Terms, Privacy and Cookies
This page sets out who runs AGAIN, the terms on which we supply our services, how you may use this website, how we handle personal information and what we store in your browser. A French version is available: CGV, confidentialité et cookies.
1. Business details
Who we are
Operator: AGAIN, a sole trader registered in Australia
ABN: 91 436 510 017
GST: registered for GST
Business address: 43 Nickson Street, Surry Hills NSW 2010, Australia
Email: hello@againpass.com
All AGAIN clients, in Australia and abroad, contract with this single entity.
Hosting
Hostinger International Ltd, 61 Lordou Vironos Street, 6023 Larnaca, Cyprus
Server location: [DATA CENTRE COUNTRY — shown in hPanel]
2. Terms of Service
1. Scope
These Terms of Service (the “Terms”) govern the websites, hosting, content updates and digital loyalty cards supplied by AGAIN (“we”, “us”) to a business client (the “Client”, “you”).
Accepting a quote, or paying through one of our payment links, means accepting these Terms. They prevail over any purchase conditions of yours unless we agree otherwise in writing.
2. Definitions
- Setup — the one-off design, build and launch of your website, and the set-up of your loyalty card.
- Subscription — the monthly service that starts on the day you subscribe; its first month is included in the launch price.
- Deliverable — the website we build for you: source code, stylesheets and the graphic elements we create for you.
- Loyalty Service — the digital loyalty card your customers add to their phone wallet, together with the software that runs it.
- Card Holder — a customer of yours who signs up to your loyalty card.
- Client Content — text, photographs, logos, trade marks, menus, prices and any other material you supply.
- Content Change — an update to existing content within the existing layout of your website: text, prices, dishes, photographs, opening hours, links.
- Business day — a day other than a Saturday, Sunday or public holiday in New South Wales.
3. Quotes and formation of the contract
Each engagement is set out in a written quote, valid for 30 days. The contract is formed when we receive your acceptance of the quote (or your payment through a payment link) together with the first Setup payment.
4. The plans
- AGAIN Essential — personalised app, digital loyalty card, points and rewards, and a venue management space.
- AGAIN Premium — everything in AGAIN Essential, plus push notifications, targeted campaigns and offers, and advanced statistics.
The quote sets out the exact inclusions. Anything not listed in it — copywriting from scratch, photography, translation, new pages, new features, advertising — is quoted separately.
5. Fees, GST and payment
Our prices are in Australian dollars and include GST. We issue a tax invoice for every payment.
Setup. You pay the Setup fee either in full on order, or in three equal interest-free instalments: the first on order, the second 30 days later and the third 60 days later.
Subscription — two terms. You choose one when you subscribe:
- monthly — charged in advance, by card, on the same day each month, on a minimum term of twelve months (clause 15);
- yearly — paid up front for twelve months at the price of ten monthly payments, so two months are free.
On either term the first month is included in the launch price and the Subscription starts on the thirtieth day after you subscribe. The minimum term runs from the first subscription payment, not from signature.
Payments are processed by Stripe. We never see or store your full card details.
Clients outside Australia. If you are a business established outside Australia, we invoice in the currency shown in your quote. Where the supply is GST-free as an export, no GST is charged, and any local tax (such as VAT under a reverse-charge mechanism) is accounted for by you.
Late payment. If a payment fails or is overdue, we will tell you in writing. If it is still unpaid 14 days after that notice, we may suspend the Subscription and the Loyalty Service until it is paid. We will not suspend without that notice.
6. Price changes
The Setup fee is fixed by your quote. We may change the monthly fee by giving you at least 30 days' written notice. If you do not accept the new price, you may cancel before it takes effect and nothing extra is payable.
7. Your obligations
You agree to supply the Client Content in a usable format and on time, to nominate one person authorised to approve work, and to use the website and the Loyalty Service lawfully.
You warrant that you hold the rights to the Client Content and you indemnify us against third-party claims arising from it, except to the extent a claim is caused by us. We do not check the rights attached to material you send us.
You set the rules and rewards of your loyalty card, you honour the rewards your Card Holders earn, and you are responsible to them for those rules.
8. Timeframes
The advertised turnaround of seven (7) business days starts once three conditions are all met: the quote is accepted, the first Setup payment has cleared, and all Client Content has been received.
The clock pauses while we wait on an approval or content from you. Timeframes are good-faith estimates. Nothing in this clause limits your rights under clause 16.
9. Revisions
We make unlimited revisions to the design until you approve it in writing, within the functional and visual scope of the quote. After approval, a request that changes that scope — an extra page, an extra feature, a new creative direction — is new work, quoted separately.
10. Acceptance
On delivery you have 7 days to tell us in writing about anything that does not match the quote. If you raise nothing in that time, or you put the website into live use, it is taken to be accepted. This does not limit your rights under clause 16.
11. What the Subscription covers
- hosting, SSL certificate and domain name renewal;
- backups and technical updates;
- Content Changes, with no limit on how many you ask for;
- the Loyalty Service, within the offer you chose.
We respond to every written request within 24 business hours, and we aim to publish Content Changes received before 2 pm (Sydney time) on the same business day. Response time is a commitment; same-day publication is a target.
New pages, new features, redesigns and copywriting from scratch are not Content Changes and are quoted separately.
Hosting is provided through a third-party provider. We restore service and backups as quickly as we reasonably can after an outage, but we do not control that provider's uptime.
12. The Loyalty Service
Your customers join your loyalty programme with their first name and email address, and add your loyalty card to Apple Wallet or Google Wallet. No app is needed. Stamps or points are recorded on each visit.
The Loyalty Service runs on our software and on Apple's and Google's wallet services. We may improve or change its features, provided the core function you signed up for remains. We do not guarantee it will be uninterrupted, particularly where a wallet provider changes its service.
13. Domain name
Where the registry allows, your domain name is registered in your name. We pay its renewal while your Subscription is active. When the Subscription ends we transfer management of the domain to you at no charge.
14. Intellectual property
Your website. We own the Deliverable until the Setup fee has been paid in full. On payment in full, we assign to you all copyright in the source code, stylesheets and graphic elements created specifically for you, worldwide and for the full term of copyright. The assignment is made in the quote you sign, which incorporates this clause, as required by section 196(3) of the Copyright Act 1968 (Cth). The code is yours to keep, whether or not you stay with us.
What stays ours. The Loyalty Service software, its back-end and dashboards, and our generic reusable components, methods and know-how are not assigned. You receive a non-exclusive, non-transferable right to use the Loyalty Service while your Subscription is active. Fonts, libraries, open-source components and third-party services keep their own licences.
Portfolio. Unless you tell us otherwise in writing, we may name you as a client and show your website as an example of our work.
Moral rights. Moral rights cannot be assigned. To the extent the Copyright Act 1968 (Cth) allows, we consent to you using, altering and publishing the Deliverable without attribution.
15. Cancellation and termination
How to cancel. Email hello@againpass.com or use your billing portal, open at any time with the email address on your Subscription. Cancelling is never harder than signing up; what it does depends on the term you chose under clause 5.
Monthly term. The Subscription runs for a minimum term of twelve months from the first subscription payment. After that it continues month to month: you may cancel at any time, cancellation takes effect 30 days after we receive your notice, and if that date falls part-way through a month you have already paid for, we refund the unused days.
If you cancel before the end of the minimum term, the monthly payments remaining to the twelfth month stay payable. They are not payable where you cancel for a serious breach by us, where you refuse a price increase (clause 6), where you exercise a withdrawal right under clause 16, or in any other case where a mandatory law that applies to you says otherwise.
Yearly term. The year is paid up front and renews automatically each year at the same price unless you cancel. We send a written reminder at least 30 days before each annual renewal, to the email address on your Subscription. Cancellation takes effect at the end of the year already paid for; unused months are not refunded, subject always to the Australian Consumer Law guarantees in clause 16 and to any mandatory law that applies to you.
Unfair contract terms. The Australian Consumer Law regime on unfair contract terms, strengthened on 9 November 2023, applies to standard-form contracts with small businesses. Nothing in this clause seeks to displace it: a term found unfair under that regime is void, and the rest of these Terms continue to apply.
Announced change. An Australian reform covering subscriptions and their renewal is due to take effect on 1 July 2027. We will bring this clause into line by that date and tell affected clients in writing.
Before launch. If you cancel after Setup work has started, you pay for the work actually carried out to the date of cancellation, and we hand over what has been produced. Instalments not yet due that exceed that amount are not payable.
When you leave, within 10 business days of the end date we give you:
- a complete copy of your website's source files;
- management of your domain name;
- on request, an export of your Card Holders' data (CSV).
Hosting and the Loyalty Service stop on the end date, and cards already in your customers' wallets stop updating. We delete Card Holder data 30 days after the end date, unless the law requires us to keep it.
Termination by either party. Either party may end the contract if the other commits a serious breach not remedied within 14 days of written notice. We may also end a Subscription for any reason by giving you 60 days' written notice, with the same handover as above.
16. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts or modifies them.
A business buying goods or services priced at $100,000 or less is generally a consumer under the Australian Consumer Law, so most of our clients hold these guarantees — including that services are supplied with due care and skill, are fit for the purpose you made known to us, and are supplied within a reasonable time. For a major failure you may cancel and obtain a refund, or compensation for the drop in value; for a failure that is not major, we are entitled to fix it within a reasonable time.
Clients established in France. A small French business that meets the conditions of article L221-3 of the French Code de la consommation has a 14-day withdrawal right, which we honour whatever law governs the contract. Details are in article 16 of the French version.
17. Warranty and limitation of liability
Separately from clause 16, we will correct, at no cost, any defect attributable to us that you report within 30 days of delivery. While your Subscription is active, we also correct such defects as part of it.
This does not cover faults caused by changes made by you or a third party, by the Client Content, by a third-party service failure, or by use outside the intended purpose.
We do not promise any commercial outcome — no search ranking, no traffic level, no increase in visits, repeat customers or revenue.
Subject always to clause 16, and to the extent the law permits:
- our liability for a failure to comply with a consumer guarantee, for services not of a kind ordinarily acquired for personal, domestic or household use, is limited at our option to supplying the services again or paying the cost of having them supplied again (section 64A of the Australian Consumer Law);
- our total liability on any other basis is limited to the amounts you paid us in the 12 months before the claim arose; and
- neither party is liable for indirect or consequential loss, including loss of profit, revenue, data or goodwill.
Each party's liability is reduced to the extent the other party caused or contributed to the loss.
18. Card Holder data
For the personal information of your Card Holders, you decide why it is collected and we handle it on your behalf. We therefore:
- use it only to run your loyalty card and as you instruct, never for our own marketing and never to sell;
- keep it confidential and protect it with reasonable security measures;
- use only the service providers listed in our Privacy Policy, and give you at least 30 days' notice before adding or replacing one (you may cancel at no cost if you object);
- tell you without undue delay, and where possible within 48 hours, if we become aware of a data breach affecting it;
- help you answer Card Holders' requests for access, correction or deletion;
- return or delete it when the Subscription ends, as set out in clause 15.
No commercial cookies. Neither this Site nor the Loyalty Service collects cookies or trackers for commercial, advertising or profiling purposes, and Card Holder data is never used for such purposes on our own account.
Clients established in the European Union receive the data processing terms required by Article 28 of the GDPR, set out in article 18 of the French version, which form part of these Terms.
19. Messages to Card Holders
Your loyalty card may be used to send offers to Card Holders only if they have consented. Every such message identifies your business and includes a working unsubscribe option, as the Spam Act 2003 (Cth) requires. You are responsible for the content of the offers you ask us to send.
20. Force majeure
Neither party is liable for a failure caused by an event beyond its reasonable control. If the event lasts more than 60 days, either party may end the contract by written notice, and the handover in clause 15 applies.
21. Governing law and disputes
These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.
Before starting proceedings, the parties will try in good faith to resolve the dispute within 20 business days of one notifying the other. This does not stop either party seeking urgent relief, or you contacting NSW Fair Trading or the ACCC.
If you are established outside Australia, nothing in these Terms deprives you of the protection of mandatory rules of the law of your country, and you may also bring proceedings before the competent courts where you are established.
22. Changes to these Terms
We may update these Terms. For an active Subscription, we give you 30 days' written notice of any change that affects you; if you do not accept it, you may cancel before it takes effect at no cost. Otherwise, the version in force on the date you accept your quote applies.
23. General
If any part of these Terms is unenforceable, it is severed and the rest continues to apply. A failure to enforce a right is not a waiver of it. These Terms, the Privacy Policy and your quote are the whole agreement between us. The French version of these Terms has the same effect; if you are established in France and the two versions differ, the French version prevails.
3. Website Terms of Use
1. Acceptance
By using this website (the “Site”) you accept these terms of use.
2. Purpose of the Site
The Site presents AGAIN's services and lets you contact us. Prices and descriptions are for information; a binding engagement arises only from an accepted quote or a completed payment under the Terms of Service.
3. Availability
We aim to keep the Site available but do not guarantee uninterrupted access. We may change or suspend any part of it, including for maintenance.
4. Intellectual property in the Site
The Site's text, graphics, code and visual identity, including the AGAIN name, belong to us or our licensors. The loyalty cards and venues shown on the Site are sample designs; the venue names are invented. You may not reproduce or republish any part of the Site without our written permission, other than the temporary copying inherent in browsing.
5. Acceptable use
You must not attempt to gain unauthorised access to the Site or its systems, interfere with its operation, extract its content systematically, or use the contact form to send unsolicited commercial messages.
6. Links
The Site links to third-party services (payment, booking, social media). We do not control them and they are governed by their own terms and privacy policies.
7. Accuracy
We take care to keep the Site accurate, but information can become out of date. Subject to your rights under the Australian Consumer Law, we are not liable for decisions taken solely on the basis of information on the Site.
4. Privacy Policy
Who is responsible
AGAIN (sole trader, ABN 91 436 510 017), whose details appear in section 1. Privacy contact: hello@againpass.com.
Laws we follow
As a small business, we may not be required to comply with the Privacy Act 1988 (Cth). We choose to handle personal information in line with the Australian Privacy Principles in any case. Because we also offer our services in France, we apply the EU General Data Protection Regulation (GDPR) to the personal information of people in the European Union.
What we collect
Enquiries. When you use the contact form, email us or book a call: your name, email address, business name, your message, and the time you chose for the call.
Clients. Contact details of the people we work with, billing details (invoices, payment status and the payment identifiers Stripe gives us — never your full card number), and the content you send us for your website.
Business prospects. We research local venues that might benefit from our services. From public sources only — Google Maps listings, business websites and public social media pages — we record the business name, address, public phone number and email, the name of the owner or manager where it is published, and our notes on the business's public online presence. We use this only to contact the business about our services. You can ask us at any time to stop, and we will.
Loyalty Card Holders. See the dedicated section below.
Website visitors. Our hosting provider records technical logs (IP address, browser type, pages requested, date and time) to keep the Site secure and working. We do not use them to identify you. The Site stores your language and cookie choices in your browser (see the Cookie Policy). No cookie is collected for commercial purposes.
Why we use it
- to answer your enquiry and prepare a quote — for GDPR purposes, steps taken at your request before a contract (Art. 6(1)(b));
- to supply our services, invoice and provide support — performance of our contract (Art. 6(1)(b));
- to keep accounting and tax records — legal obligation (Art. 6(1)(c));
- to contact business prospects about services relevant to their trade — our legitimate interest in finding clients (Art. 6(1)(f)), which you can object to at any time;
- to keep the Site secure — our legitimate interest (Art. 6(1)(f)).
We do not sell personal information, and we do not use it in computer programs that make decisions significantly affecting individuals.
Loyalty Card Holders
If you signed up to a venue's loyalty card powered by AGAIN, the venue is responsible for your information and we handle it on its behalf.
- What is collected — your first name, email address, card number, stamps or points, the date and time of each visit recorded, and the technical identifiers your wallet app needs to update the card.
- Why — to issue and update your card, record your rewards, and send you service emails about your card (such as a link to add it again). Offers are sent only if you agreed to receive them, and you can unsubscribe from any of them.
- How long — until 12 months after your last recorded visit, or 30 days after the venue stops using AGAIN, whichever comes first.
- Your requests — you can contact the venue, or write to us and we will pass your request on and help the venue deal with it.
Who we share it with
We share personal information only with the service providers we need to run AGAIN, who handle it on our instructions or under their own privacy policies:
- Hostinger International Ltd (Cyprus) — website and loyalty card hosting;
- Stripe — payment processing;
- Google (Gmail) — email;
- Notion Labs, Inc. (United States) — client and prospect records;
- Make (Celonis) — workflow automation between our tools;
- Calendly LLC (United States) — call bookings;
- Apple and Google — delivery and updates of wallet cards.
We may also disclose information where the law requires it.
Overseas disclosure
Some of these providers store data outside Australia, in particular in the United States and the European Union. We also work remotely, including from France. We choose providers that protect personal information to a standard comparable to the Australian Privacy Principles. For information about people in the European Union sent outside it, we rely on an adequacy decision (such as the EU–US Data Privacy Framework, where the recipient is certified) or on the European Commission's standard contractual clauses.
How long we keep it
- enquiries and prospects — 3 years from our last contact, or until you object (we then keep only what is needed to avoid contacting you again);
- clients — for the duration of our relationship, then 5 years for tax and accounting records;
- loyalty Card Holders — as set out above;
- hosting logs — for the period set by our hosting provider.
Security
We take reasonable steps to protect personal information, including encrypted connections (HTTPS), access restricted to the people who need it, and regular backups. No system is perfectly secure, and we review our measures as the business grows.
Your rights
You can ask to access the personal information we hold about you and to correct it. If the GDPR applies to you, you can also ask us to delete it, restrict or object to its use, or receive it in a portable format. Write to hello@againpass.com; we reply within 30 days.
If you are not satisfied with our answer, you can complain to the Office of the Australian Information Commissioner (oaic.gov.au) or, in the European Union, to your data protection authority — in France, the CNIL (cnil.fr).
Data breaches
If a data breach is likely to cause serious harm, we notify affected people and, where the Notifiable Data Breaches scheme or the GDPR applies, the relevant authority, within the required timeframes.
Children
Our services are for businesses. Loyalty cards are not intended for children under 16.
Changes
We may update this policy. The date at the top of this page shows the latest version.
5. Cookie Policy
In short
AGAIN collects no cookies or trackers for commercial, advertising or profiling purposes, and uses no advertising or analytics tools. This Site loads no fonts or scripts from other companies' servers.
On your first visit, a banner lets you accept or reject cookies, with both options equally easy. You can change your choice at any time with the “Cookie settings” link at the bottom of every page.
What we store in your browser
| Name | Type | Purpose | Duration | Consent |
|---|---|---|---|---|
again_lang | Local storage | Remembers whether you chose English or French | Until you clear your browser data | Not required — strictly necessary for a feature you asked for |
again_consent | Local storage | Remembers whether you accepted or rejected cookies | 6 months, then you are asked again | Not required — needed to respect your choice |
Third-party services
When you click to pay or book a call, you leave this Site for Stripe or Calendly, which may set their own cookies under their own policies. A loyalty card in your wallet uses no cookies: the wallet app stores the card.
Managing storage
You can change your cookie choice with the “Cookie settings” link, or delete both settings by clearing this Site's data in your browser settings. The Site will then show in the default language and ask for your choice again.
Future changes
Opening language: when you first arrive, the site asks our own server which country your request appears to come from, so that a visitor in France opens the site in French. That check reads only headers your browser already sends, calls no outside service, stores nothing and sets no cookie. Choosing EN or FR yourself overrides it.
If we ever add a tool that requires consent, such as audience measurement, we will update this policy and ask for your consent before anything is stored.