5.1 (Competitions) In addition to these Terms, all competitions and promotions that appear on the Site
and which are run by us or by third parties as notified on the Site, will be governed by the terms of
that competition or promotion as they appear on the Site or on the third party’s website. Your
participation in a competition or a promotion will be taken as your acceptance of the terms and
conditions associated with that competition or promotion.
5.2 (Data Security) We will use our best endeavours to keep secure any personal information you
provide to us in the membership application process. To facilitate the Site, we use third party
suppliers including software-as-a-service platform ‘Market Cube’, and your data and personal
information will be shared with, or collected by, Market Cube when necessary. For further details on
5.3 (Confidentiality) Any information that you receive from us in relation to your Account, the Site, or
any Activity, is considered confidential you must not disclose it to anyone.
5.4 (Third Party Material and Websites) The Site may contain reference or links to another third party’s
content (Third Party Material). These are for your information or convenience only and we do not
monitor, control or accept liability for any Third Party Material. Except as otherwise noted on the Site,
any opinions, advice, statements or services contained in any Third Party Material is the
responsibility of the respective author and does not constitute a representation or warranty by us as
to their accuracy or description. Any use or reliance on these Third Party Materials by you is entirely
at your own risk. Where the Site offers advertisements or promotions from third parties, you
(a) all third party promotions or advertisements are paid for by the author and do not represent an
endorsement or recommendation by us;
(b) any dealings you have with a third party as the result of any Third Party Material, including any
associated terms, conditions, warranties or representations are solely between you and the third
(c) you agree and warrant to us that we will not be held responsible or liable for any of your dealings
with a third party.
5.5 (Viruses) We are unable to and do not attempt to warrant that the Site or any downloads available in
connection with the Site are free of viruses or other components that result in contamination or
destruction of your data, your computer or device. It is your responsibility to ensure that your virus
protection software is sufficient and up to date on all electronic sources used to access the Site and
we do not accept any responsibility for damage you incur as a result of any virus, worm, Trojan horse
or other destructive code contracted through the use of the Site.
5.6 (Intellectual property) You acknowledge that we own or have rights to licence all copyright, trade
marks and other intellectual property rights in the materials found on the Site. Additionally, you
acknowledge that the Site contains proprietary and confidential information which is owned by us or
by third parties and which is protected by applicable laws. Unless otherwise expressly authorised by
us, you must only use the Site and any of its contents for the purposes of using your Account, and
participating in Activities, in accordance with these Terms. You must not use, sell or commercially
exploit any of the material on the Site, including by downloading, uploading, copying, printing,
broadcasting, reproducing, publishing or distributing in any other way in whole or in part any of the
content on the Site, without our prior written permission.
5.7 (Warranties) To the extent permitted by law, all express or implied conditions or warranties of any
kind (including but not limited to any warranties related to availability for access and use, the
products and services advertised, fitness for purpose, freedom from contamination by computer
viruses and the accuracy, currency, completeness, reliability, timeliness or usefulness of any part of
the Site or Benefits) are excluded.
5.8 (Limitation of liability) You acknowledge and agree that:
(a) your use of the Site and participation in Activities is entirely at your own risk. To the extent permitted
by law, we will not be liable for any loss or damage you may suffer or incur whatsoever in connection
with your use of the Site and participation in Activities, including any direct, indirect, incidental,
special, consequential or exemplary damages, even if we have been advised of the possibility of
(b) we are not liable in any way for any third party’s inappropriate use of the Site or the publication by a
third party of inappropriate content on the site. The risk of any damage to you from such content
rests entirely with you; and
(c) you may be entitled to remedies that cannot be excluded under the Australian Consumer Law if any
services supplied by us to you fail to meet a statutory guarantee. Our liability to you is otherwise
limited as set out in this clause.
5.9 (Indemnity) You agree to indemnify us and keep us indemnified against all actions, claims,
demands, damages, liabilities, expenses (including legal fees on a solicitor-client basis) or losses
that may be made against us or suffered or incurred by us, in connection with your breach of these
Terms or otherwise in connection with your use of, or inability to use, the Site.
5.10 (Severability) If any clause or part of any clause of these Terms is in any way unenforceable,
invalid, or illegal, it is to be read down so that it is enforceable, valid and legal. If this is not possible,
the clause (or where possible, the offending part) is to be severed from this agreement without
affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses)
which will continue in full force and effect.
5.11 (Changes to the Site and these Terms) We reserve the right, at our sole discretion, to modify the
Site, from time to time for any reason, and without notice, including your Account, or change or
modify these Terms by updating this web page. You are bound by any revisions to these Terms and
it is your responsibility to regularly check this page to review the current conditions by which you are
bound. If you continue to use the Site after these Terms have been revised, you will be deemed to
have accepted the revised Terms.
5.12 (Nature of Relationship) Your use of the Site or participation in any Activity is not intended to create
a relationship with us of employee, contractor or agent. To the extent permitted by law, you agree
that we owe no fiduciary obligations to you as employer or agent or in any other capacity.
5.13 (Governing Law) These Terms are governed by the laws in force in New South Wales and the
parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales and
any courts competent to hear appeals from those courts.