Terms & Conditions
Pedal Perks Pty Ltd
Last updated 13 January, 2025
1. TERMS AND CONDITIONS
These terms and conditions ("Platform Terms") apply to the subscription-based platform Pedal Perks ("PP") available at www.pedalperks.cc (""PP" Website") or, when available, on a web and/or mobile application and any other like software utilised by Pedal Perks from time to time (""PP" App" or "App") (together, ""PP" Platforms"). The "PP" Platforms are made available by Pedal Perks Pty Ltd (ABN 18 683 458 077) ("Perks Perks," "we," "our," or "us").
Pedal Perks offers exclusive content, information, discounts and giveaways. These offerings constitute the primary benefits of the Perks Perks membership and do not include gambling, fantasy sports, or games of chance or skill for prizes. From time to time, and in compliance with all relevant state trade promotion and lottery laws, Perks Perks may offer trade promotions or community-based member draws to enhance member engagement. These are conducted in the spirit of community, similar to standard member offerings across social clubs in Australia, and do not form a core part of the paid membership benefits.
By engaging with Perks Perks through the Perks Perks Platform, you acknowledge and agree that your access to, and use of, the "PP" Platform is subject to these Platform Terms. The Platform Terms include these terms and conditions as updated from time to time, including but not limited to any trade promotion lottery terms, our Privacy Policy available at www.pedalperks.cc/privacy.
The rewards, promotions, discounts, and deals from third-party suppliers provided to Subscribers ("Deals") are offered to Subscribers as part of the Perks Perks Platform’s Subscription Service. Please note that any business associate of Perks Perks that provides Deals ("Deal Partner") and third-party providers of Deals procured by Deal Partners ("Third Party Provider") may also operate under their own Platform Terms, which you agree to be bound by.
2. PLATFORM TERMS
2.1 Please read these Platform Terms before subscribing for a Subscription, accessing the "PP" Rewards Program or using the "PP" Platform. By accessing and using the "PP" Platform, registering or subscribing and/or placing an online order for Pedal Perks, you acknowledge that you have read, understood and agree to be bound by these Platform Terms and policies. If you do not agree to adhere to these Platform Terms and policies, you must immediately exit the "PP" Platform and not continue to use any "PP" intellectual property, or in any way access or use any deals or participating in a trade lottery promotion. In addition, you must also delete and uninstall the App from your electronic devices.
2.2 These Terms and Conditions govern your use of the Subscription Service. They constitute a legally binding agreement between you and Perks Perks.
2.3 In accessing, registering or using the "PP" Platform, including any and all its webpages, the services and products, information, text and images, offered or provided on the "PP" Platform, you are deemed to have read and personally agreed to the Platform Terms.
2.4 Perks Perks may provide you with Trade Promotion Lotteries or other promotional offers from time to time which will be subject to TPL Terms to be read in conjunction with, and forming part of, these Platform Terms.
2.5 Perks Perks reserves the right to change these Platform Terms and/or Policies anytime without providing any notice. If we do, the new Platform Terms will be posted on the "PP" Platforms. Your subsequent or continued use of the "PP" Platforms will constitute your acceptance of any changes. If you object to any changes to the Platform Terms, your exclusive remedy is to immediately discontinue your use of the "PP" Platforms. Perks Perks recommends that each time you visit the "PP" Platform you read the Platform Terms.
3. PEDAL PERKS SUBSCRIPTION SERVICE
3.1 In consideration for paying the Subscription Fee when due, Perks Perks provides its Subscribers with access to the Subscription Service.
In this clause and in these Platform Terms:
‘Subscribers’ mean subscribers of Subscriptions under Addendum A.
‘Subscription’ means a subscription to the Subscription Service in the Subscription Tiers described in Addendum A.
‘Subscription Fee’ means the monthly fee charged to Subscribers for the Subscription Service.
‘Subscription Service’ means the service provided by Perks Perks to Subscriber under these Terms and Conditions, consisting of software-as-a-service technology licence access to the "PP" Platform, and to rewards, promotions, discounts and deals from third parties suppliers as part of the "PP" Rewards Program.
3.2 Your entitlements under the program offered by Pedal Perks from time to time through the "PP" Platform, which enables Subscribers to access Deals (‘"PP" Rewards Program') are determined by the level or category of Subscription with the entitlements described in Addendum A (‘Subscription Tier’) for which you subscribe. Within each option, your entitlements are further determined by the tier that you choose and payment of the Subscription Fee.
3.3 In order to access the Deals, you must pay the Subscription Fee, and subscribe and register as a Subscriber in the "PP" Platform under these Platform Terms.
3.4. In completing your registration and subscription, personal information shall be handled and collected in accordance with our Privacy Policy.
3.5 In providing information for the registration and subscription to the Subscription Service, you warrant that all such information is true and accurate in every particular. As part of the registration and subscription process, you will be required to provide a Subscriber name as your personal identifier, and a password in order for you to set up and access an account with Perks Perks. You are solely obligated to keep safe your Subscriber name and password, and Perks Perks will not be held responsible for any loss of your Subscriber name and password. By registering and subscribing to the "PP" Rewards Program, you agree that all activity with the use of the Subscriber name selected by you represents activity carried out by you personally. You are solely liable and responsible for the actions taken under your Subscriber name.
3.6 By registering, subscribing and creating an account with the Subscription Service, you declare and warrant that you:
(a) are at least eighteen (18) years of age;
(b) are of a legal capacity enter into a legally binding agreement with Perks Perks;
(c) will use the Subscription Service and "PP" Platform in accordance with these Platform Terms.
4. TRADE PROMOTIONS
If Perks Perks conducts a Trade Promotion Lottery, you agree to the Platform Terms set out in Addendum B and the additional TPL Terms.
5. YOUR PRIVACY
5.1 Pedal Perks is only open to Subscribers habitually resident in Australia. By registering, subscribing and creating an account with the Subscription Service Perks Perks will collect personal information about you for the purpose of identifying you, contacting you, processing your registration and subscription, and providing you with the benefits attached to your subscription to the Subscription Service, and for purposes otherwise set out in our Privacy Policy. By providing your personal information to us, you consent to the collection and use of that information in accordance with these Platform Terms and our Privacy Policy.
5.2 Perks Perks respects and values your privacy and agrees to use all reasonable endeavours to keep your private and Personal Information safely and securely stored at all times to avoid misuse, loss, unauthorised access, modification or disclosure and handle your private and Personal Information in an appropriate manner. Perks Perks gathers information in accordance with our Privacy Policy and our obligations under the Privacy Act 1998 (Cth).
5.3 From time to time, Perks Perks may, in accordance with the Cookies Policy, use Cookies to us learn more about how you use the "PP" Platform and make it easier for you to use the "PP" Platform on return visits.
5.4 By providing your personal information, you agree that Perks Perks may provide such information to third parties involved in the delivery of the benefits and services offered as part of the Subscription Service (including the provision of such information to our information technology suppliers, communication suppliers and business partners) or as otherwise required by law.
5.5 Perks Perks will otherwise collect your personal information and use it in accordance with our Privacy Policy. You will be able to access your personal information provided to us upon written request to Perks Perks.
5.6 If you do not provide all or part of the requested information as part of your registration, subscription and Subscription, you may not have enjoy some or all of the benefits and services provided to you by us through the Program.
6. SUBSCRIPTION TIERS
6.1 The amount of fee you pay to the Subscription Service is determined by the Subscription Tier for which you subscribe.
6.2 By subscribing, registering and paying the Subscription Fee in accordance with these Platform Terms, and complying therewith, you will be provided with the Subscription Service, including without limitation access to the entitlements associated with each Subscription Tier on the terms set out in these Platform Terms, including Addendum A.
6.3 All Subscriber’s entitlements are subject to the continued operation of business by Perks Perks in providing the Subscription Service, such that if for any reason Perks Perks ceases it business and services herein described, all entitlements will be cancelled and forfeited, and you agree to release Perks Perks and its Related Parties from all claim and liability in connection with such cancellation or forfeiture.
7. SUBSCRIPTION FEES
7.1 In these Platform Terms, the Subscription Fee for the Subscriptions are the fees last published on the "PP" Website and/or Addendum A at the time of subscription, and renewal thereof.
7.2 If the Subscription Fee set out on the "PP" Website and/or Addendum A conflicts, the fee stated on the "PP" Website shall prevail.
7.3 The Subscription Fee for a Subscription is due monthly in advance, commencing on the day that you first subscribe to a Subscription and pay the Subscription Fee..
7.4 From the due date of each Subscription Fee, Perks Perks may, but are not obligated to, attempt to debit your nominated payment method once every five (5) calendar days until Perks Perks receives the amount due to it pursuant to your subscription or Subscription.
7.5 All Subscription Fees and prices on the "PP" App, Website and Addendum A are in Australian dollars and are exclusive of GST. Subscription Fees and prices are subject to change without notice. In respect of any order made by you on the "PP" Platform, Perks Perks will charge you, and you agree to pay, the stated Subscription Fee, purchase price (if applicable) and the delivery fee as at the time the order was placed.
7.6 Perks Perks accepts payment via Stripe (www.stripe.com/au). By ordering any Subscriptions from the "PP" Platform, you authorise Perks Perks to charge all fees relating to your order to your nominated credit card. If payment is not received from the card issuer or its agents for any given reason, you agree to pay Perks Perks all amounts due on demand.
7.7 Subscriptions must be paid in full at the time of purchase, unless otherwise agreed between you and Perks Perks in writing. Perks Perks is under no obligation to deliver or honour, or provided access and entitlement in accordance with any Subscription Tiers until payment for those Subscriptions have been paid for in full and payment is received.
7.8 In addition to the Subscription Fees, in order to enjoy or purchase Deals, additional fees may be payable to our Deal Partners and/or Third Party Providers.
8. STOCK
8.1 Perks Perks does not guarantee that there will be sufficient stock to satisfy all orders with respect to Deals. If the requested products or services are unavailable at the time of purchase, you may be offered a similar alternative or be provided with a credit for the value of that item or service. You will be notified if this occurs.
8.2 If you receive an order and believe that you have made an error in ordering, you can return the unwanted product at your expense. Please Note:
(a) Only online purchases can be returned as outlined above; and
(b) If your online purchase was made using a credit card, your approved refund will be processed to that credit card.
Refunds or exchanges are accepted in accordance with Australian Consumer Law.
8.3 In most cases, orders are dispatched on the next business day. Orders that have been dispatched cannot be cancelled and will have to be posted back at your expense, where a full refund (less postage) will be provided.
8.4 All rights are reserved to reject any order you place and/or to limit quantities on any order, without giving any reason. These restrictions may include orders placed by the same website account, the same credit card, the same PayPal account and orders that use the same billing address. In the event that an order is rejected, changed or limited, you may be notified using the email and/or billing address provided at the time the order was made. All rights are reserved to limit or prohibit sales to dealers or any commercial enterprise. If the items listed on your order are unable to be supplied, these terms will apply to the supply of all or part of the Order. Goods may be backordered on your behalf if for any reason any or all items listed on your order are unable to be supplied. Where a backorder has been placed on your behalf, you will be contacted by phone following delivery.
9. DEAL FULFILMENT
9.1 Orders are delivered within Australia to all major capital cities and towns and internationally. Fixed-price shipping is provided for all international orders. The Deals Partner or Third Party Provider will endeavour to provide you with a delivery estimate at the time an order is placed and payment is received in full. The estimated time of delivery ultimately depends on where your order is being shipped to and the volume of the order, and the capacity of the delivery company at the time of shipment.
9.2 The Deals Partner or Third Party Provider endeavours to deliver the goods within 1-7 business days however you may request express post at your own, additional expense.
9.3 Whilst the Deals Partner or Third Party Provider always endeavours to meet the delivery date on the scheduled days, you acknowledge and agree that the Deals Partner or Third Party Provider is not and will not be liable for any loss or damage, howsoever it arises, if the products are not delivered by the scheduled delivery day.
9.4 You or your authorised recipient must be available to collect the products at the estimated delivery time at the nominated delivery address. If you are unable to collect the products at the estimated time and location, all rights are reserved to charge an additional delivery fee. A re-delivery fee will be determined once you have arranged the products to be re-delivered.
9.5 It is your responsibility to ensure correct delivery address details and contact numbers are provided, where delivery is made to an incorrect address, an additional delivery fee will be charged to you for re delivery to the correct address.
9.6 Orders returned due to incorrect address, failure to collect from Australia Post Outlet, or failure to contact courier after an attempted delivery, will incur a re-shipping AND re-delivery fee. All deliveries will be made on business days only.
9.7 Refunds will not be given for late delivery. The Deals Partner or Third Party Provider will not be held liable for late delivery outside of our stipulated delivery time frames. The Deals Partner or Third Party Provider endeavours to ship your delivery on time and without any delay. If a delay does occur, it is often during transit, which is out of the Deals Partner or Third Party Provider ‘s control. In the rare case you do not receive your parcel within the anticipated and estimated time frame, please contact us at support@pedalperks.cc and we will follow up with the courier service.
10. THIRD PARTY PROVIDERS
10.1 Pedal Perks provides access to Deals given by Third Party Providers which may be exclusive to Pedal Perks Subscribers.You acknowledge that Deals are controlled, operated and offered by Third Party Providers. By subscribing and paying the Subscription Fee, you agree that Perks Perks is a referrer and/or a notifier of the Deals only, and must not be held responsible for any liabilities in connection with Deals whatsoever, including but not limited to the availability of the Deal, or the terms or particulars of any Deals (or any inaccuracies in connection thereto).
10.2 You acknowledge that Deals have their own additional Platform Terms from Third Party Providers which may apply. By accessing and using such Deals, you must agree to the relevant Platform Terms applicable to those Deals.
10.3 Pedal Perks may include links on the "PP" Platform to websites owned and operated by Third Party Providers (‘Third Party Websites’). Pedal Perks is not responsible for the content on any Third Party Websites, the availability of goods or services, the quality or suitability in relation to any Deals or Third Party Provider, the terms or availability of any Deals, nor is Perks Perks responsible for any damages, offence, loss, cost or damage suffered as a consequence of engaging with or using Third Party Websites, Third Party Providers or any Deals. There is no implication of association or endorsement of Third Party Providers and their conduct and activities, or of the action, information and materials on a Third Party Website, nor in relation to any activity on a Third Party Website by you or any other Subscriber of the "PP" Website.
10.4 All Deals are presented as potential benefits that may be accessed by a Subscriber, and at all times subject to your due diligence and enquiry of the Deal with the relevant Third Party Provider.
10.5 Nothing in these Platform Terms, or the Subscription Service shall be construed to mean that Perks Perks guarantees any of the Deals in any way or particular whatsoever.
10.6 When using a Third Party Provider, you agree to the Third Party Provider’s Platform Terms and their privacy policy. In case of any inconsistency between Third Party Provider Platform Terms and these Platform Terms and Policies, these Platform Terms and Policies will prevail insofar as they relate to the use of the "PP" Platform, the "PP" Program or Subscriptions.
10.7 Perks Perks takes no responsibility for the security or any other risk associated with using the Third Party Provider or using or accessing, or attempting to use and access the Deals or any Third Party Websites.
10.8 You agree to release and indemnify Perks Perks and its Related Parties for and against any and all claims, liability, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, legal fees) arising from or in connection with any Third Party Websites or any Third Party Providers, the Deals they may offer, and/or their products or services.
10.9 You acknowledge and agree that prices published in connection with any Deals or Third Party Provider may vary, for reason which include but are not limited to the type of purchase and the region in which you are located.
10.10 Title and risk regarding products offered for sale on or through this "PP" Platform and purchased by you, will be at your sole risk and subject to your entitlement with the Third Party Provider only, except to the extent of any Pedal Perks merchandise sold by Perks Perks.
11. WARRANTIES, DISCLAIMER, AND LIABILITY
11.1 Perks Perks makes no representation or warranties as to the use and content of the "PP" Platform.
11.2 You acknowledge and agree that your use of the Subscription Service is at your sole risk. The "PP" Platform, the "PP" Rewards Program and their Content, including any Deal, and our Subscriptions, are provided on an ‘as described’ and ‘as available’ basis without any representation, warranty or conditions of any kind, neither express or implied, as to the availability or validity of any Deals, or the quality, fitness for a particular purpose or durability of any content or products displayed therein.
11.3 By subscribing and paying the Subscription Fee and accessing the Subscription Service you agree that you do so at your sole risk in consideration of the following:
(a) That the Deals, and any entitlements, offers and benefits presented in the Subscription Service may be limited, removed, changed or altered, in whole or in part, whether in their availability or their detail or specifications, and at any time at Pedal Perks’s sole discretion.
(b) That your Subscription Fee is in consideration for opportunity of accessing the Deals in the Subscription Service and for discount merchandise (if relevant) only, and not for the entry to any trade promotion lottery.
11.4 You acknowledge and agree that Perks Perks will not be liable for any loss, damage or expense, directly or indirectly incurred, howsoever arising, in connection with your use of, or access to the "PP" Platform, the Deals and Content contained therein, including those which you may suffer in connection with your inability to access the "PP" Platform and/or as a result of any Content contained in them being incorrect, incomplete or not up-to-date.
11.5 To the extent permitted by law, you acknowledge and agree that Perks Perks and its Related Parties, will not be liable for damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of damage to property, loss of opportunity, legal costs, claims of third parties or other losses of any kind, arising out of or in connection with the use of the "PP" Platform, Deals, content, products displayed on the "PP" Platform, the use of the "PP" Platform or any third party website that it is linked to, including but not limited to any such loss or damage congenital of any viruses, inaccurate information, interruption of use of the "PP" Platform, and security of the same, to the fullest extent permitted in law. Where any law (including the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth)) provides a guarantee which may not be lawfully excluded, Perks Perks’s liability will be limited to that provided by law.
11.6 The liability of Perks Perks and its Related Parties for any liability, loss, cost or damage incurred by you (directly or indirectly incurred) to you for any loss or damage relating to the "PP" Rewards Program, Subscription, "PP" Platform or Deals is reduced to the extent of (if any) contribution by you to that loss or damage and our liability shall be limited to the maximum extent permitted by law.
11.7 You agree that Perks Perks may restrict, limit, suspend, terminate your access and use of the "PP" Platform and the Subscription Service and the content or feature therein, at any time at Perks Perks’s sole discretion, and Perks Perks is not liable for any liability, loss, cost or damage occasioned as a result thereof, and notwithstanding Perks Perks’s discretionary entitlement such reasons may include your engagement in unlawful activities or misconduct or conduct which threatens the fair, intended and proper operation of the Subscription Service and "PP" Platform.
11.8 Perks Perks is entitled to seek all remedies available at law or in equity for any breaches of these Platform Terms by you, and may suspend or terminate your account and ultimately block access from a particular internet address to this site. Perks Perks’s failure to enforce or pursue any one or more of these rights under these Platform Terms will not constitute a waiver of such rights.
11.9 In addition to the foregoing, you agree to release, indemnify and hold harmless Perks Perks and its Related Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, legal fees) arising from or in connection with: (a) your violation of any term of these Platform Terms; (b) your violation of any third party right, including without limitation any copyright, property, or privacy right; and (c) any claim or demand made by you or any third party, emerging out of or in connection with the access or use of the "PP" App, Website and "PP" Rewards Program, any Deals, or third party products or services, howsoever and whensoever incurred.
12. PEDAL PERKS PLATFORM AVAILABILITY, ERRORS AND OMMISSIONS
12.1 Whilst Perks Perks makes every effort to ensure the accuracy of the "PP" Platform content, you acknowledge that periodically omissions or errors may occur in relation to some or all the content of the "PP" Platform. If you believe that an error or omission exists on the "PP" Platform, we request that you immediately notify us of the error or omission.
12.2 To the extent permitted by law, you acknowledge and agree that Perks Perks and its Related Parties’ liability, loss, cost or damage incurred by you (directly or indirectly incurred) in connection is not in any way liable to you for any direct or indirect loss, damage, cost or expenses suffered or incurred by you as a result of any error or omission appearing on the "PP" Platform, including legal costs and loss of opportunity.
12.3 Occasionally information on the "PP" Platform may contain typographical errors, inaccuracies or omissions that may relate to any Deals, product descriptions, pricing, product availability, delivery charges, and delivery times. Perks Perks reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information related to a Deal or products, the "PP" Platform or on any Third Party Website is inaccurate and it may be done so at any time without notice, including after you have placed an order therewith.
12.4 Perks Perks is under no obligation to update, amend or clarify any information related to the Deals, products, the "PP" Platform or on any Third Party Website, including without limitation, pricing, particulars of a Deal or any other information relating to a Deal or possible Deal, except as required by law.
12.5 By engaging with Perks Perks via the "PP" Platform, you acknowledge that the internet is an unsecured public network and by interacting the "PP" Platform you will be providing information across such network. Perks Perks will undertake all reasonable measures to protect the security of information transmitted by you and/or to you, however such information may be unintentionally displayed, intercepted, corrupted or modified by third parties. Furthermore, files acquired through or from the "PP" Platform may contain computer viruses or potentially other harmful codes or defects. For more information regarding your privacy, please see our Privacy Policy.
12.6 By engaging the "PP" Platform and providing and receiving such information, you acknowledge these risks, and any losses or damages that may unintentionally occur.
13. INTELLECTUAL PROPERTY
13.1 Perks Perks's intellectual property includes the entire content included in the "PP" Platform including, but not limited to text, designs, photographs, images, logos, graphics, audio, video or code (‘"PP" Intellectual Property’). Where content on the "PP" Platform is provided by persons other than Perks Perks or its Related Parties, including but not limited those in association with the Deals, then that content may be deemed to be owned by the third party providing the content and protected by Australian and international copyright laws.
13.2 These trademarks, logos and other proprietary rights forming a part of "PP" Intellectual Property may not be used in relation to any other product or service without Perks Perks’s written consent.
13.3 You must not post, broadcast, copy, edit, adapt, transform, publish, distribute, use or share "PP" Intellectual Property on the "PP" Platform without the express permission of Perks Perks. If you post copyright material which violates Perks Perks’s rights, Perks Perks may remove the content or disable your account if necessary.
13.4 Except in regard to your own Subscriber-generated content, you agree that you have no right, title or interest in or to any content that appears on this "PP" Platform. Reproduction of any content, design, layout, look, appearance or graphics contained in the "PP" Platform is prohibited and may infringe our rights under the Copyright Act 1968 (Cth).
13.5 Where any content of the "PP" Platform is downloaded or printed you agree that such content is to be used solely for private and non-commercial purposes or to evaluate and/or purchase of any Perks Perks services.
13.6 Where not owned by Perks Perks, Perks Perks may license from third parties rights, title and intellectual property (including copyright, designs, patents, trademarks and other intellectual property rights) appearing on the "PP" Platform and its contents.
13.7 By using the "PP" Platform you agree and acknowledge that you are not granted or transferred any rights, title or interest in relation to any content thereupon. You are however permitted a limited and conditional right to access the "PP" Platform, and to view the content thereupon subject to these Platform Terms.
13.8 If you infringe Perks Perks's intellectual property rights, Perks Perks reserves the right to disable your account and revoke all entitlements thereunder with no refund provided, indefinitely if necessary.
13.9 Subject to these Platform Terms, Pedal Perks hereby grants to you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited licence to download and use the "PP" Platform for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with these Platform Terms and any applicable law.
13.10 For the avoidance of doubt, these Platform Terms do not convey to you an interest in, or to Pedal Perks’s Intellectual Property but only a limited revocable right of use in accordance with these Platform Terms. Nothing in these Platform Terms constitutes a waiver of Pedal Perks’s Intellectual Property under any law.
14. PEDAL PERKS COMMUNICATIONS
14.1 You acknowledge that you are providing your express consent to receive commercial messages and notifications from Pedal Perks, for the purposes of advertising, promoting and providing special offers relating to Pedal Perks pursuant to the requirements of the Spam Act 2003 (Cth).
14.2 By subscribing to a Subscription, you agree to receive and accept all notices and service by SMS and email to the contact details provided by you upon sign-up, or as changed by you in your account from time to time.
15. PEDAL PERKS PLATFORM
15.1 The "PP" Platform comprises online applications and web pages used to view and access your Account, the "PP" Rewards Program, the Deals, and any other Platform Terms, information or notifications provided by Perks Perks.
15.2 When using the "PP" Platform, you acknowledge and agree that you must set up a Subscriber account which may require you to provide the following information:
(a) Your full name;
(b) A nominated available Subscriber name;
(c) contact information;
(d) residential address;
(e) A nominated available passwords;
(f) IP Address;
(g) Profile Picture; and
(h) any other information Perks Perks deems necessary from time to time.
(‘Personal Information’)
15.3 You are responsible for maintaining confidentiality of all your Personal Information.
15.4 You agree to accept full responsibility for all your activities on the "PP" Platform.
15.5 The "PP" Platform must only be used by persons over the age of eighteen (18) years. Perks Perks reserves the right to refuse service, terminate your access to the "PP" Platform, or cancel your account without any further notice to you.
15.6 In making the "PP" Platform available for use, you acknowledge that Perks Perks:
(a) does not provide you with any goods or services other than the provision of access to the Subscription Service and any merchandise available for sale from time to time;
(b) does not guarantee that the "PP" Platform systems will be error free or any errors will be corrected;
(c) does not guarantee that the "PP" Platform will be free from any viruses, harmful components or any other unintended third-party interference; and
(d) reserves the right to alter or remove any corrupted content that subject to or was caused by a software fault, error or malicious attack.
15.7 You acknowledge and agree that from time to time access to the "PP" Platform may be unavailable for any one or all of the following reasons:
(a) maintenance and/or repairs;
(b) upgrades and enhancements;
(c) Pedal Perks server down time or failure;
(d) Pedal Perks systems down time or failure; or
(e) software utilised by Pedal Perks is corrupt or has failed,
and you accept the interruption, and to the fullest extent permitted in law, release Pedal Perks and its Related Parties from any loss, cost or damage that you may suffer as result of such interruption, including but not limited to your interrupted access to the Subscription Service and any Deals.
16. YOUR PROFILE
16.1 When you as a Subscriber becomes a Subscriber, you will be asked to create a Subscriber name for your account. You are solely responsible for selecting your Subscriber name in relation to using the "PP" Platform.
16.2 You may be required to provide a profile image (‘Profile Picture’) to use the "PP" Platform and to access the Subscription Service.
16.3 When you upload your profile picture, you:
(a) absolutely and unconditionally grant a non-exclusive, world-wide licence to Perks Perks in perpetuity, for nil consideration to use your Profile Picture on the "PP" Platform for the purpose of identifying you within your Subscriber profile;
(b) covenant that you own all right, title and interest in the copyright or any other intellectual property rights of your Profile Picture and/or have the right, or express permission of the right owner to upload and use the image on the "PP" Platform; and
16.4 Any Profile Picture found to be infringing any intellectual property right may be immediately taken down by Perks Perks without notice, and you indemnify Perks Perks against any liability, loss, cost or expense in connection with such infringement.
17. YOUR OBLIGATIONS
As a Subscriber, you agree and acknowledge the following:
(a) You will not upload a virus or malicious malware to the "PP" Platform.
(b) You will not collect any Pedal Perks content via any electronic, digital or any other means without written consent of Pedal Perks.
(c) You will not hack anyone other Subscriber’s content or account.
(d) You will not ‘troll’ against any other Pedal Perks’ Subscribers.
(e) You will not use any robot, spider, scraper or other automated means to access the "PP" Platform for any purpose without our express written permission.
(f) You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the "PP" Platform or any activities conducted on the "PP" Platform, or bypass any measures Pedal Perks may use to prevent or restrict access to the "PP" Platform.
(g) You will not operate any motorised transportation including but not limited to motor cars, motor bike, moped, or trucks, heavy machinery, boats, marine vehicles, cranes bikes, motorbikes or other engine, battery recreational equipment or devices whilst using or visiting the "PP" Platform.
(h) You will not be distracted from any activity you are currently or were doing prior to checking the site, your feed or viewing video content, advertisements or anything posted on our site.
(i) You will not leave children, the aged, disabled, special needs persons, pets, friends or any other person or animal unattended whilst they are left in your care, when you are using our "PP" Platform.
(j) You will not walk, run, jog or exercise whilst viewing our "PP" Platform.
(k) You will take all care in protecting yourself and others whilst using the "PP" Platform or any site associated with Pedal Perks, and your safety and the safety of others is solely your responsibility.
(l) You will not share any of your password login information with any person, and if you do are personally responsible for the access your account and any illegal or inappropriate content they may post or share under your account.
(m) You agree and acknowledge not to violate any local, state, national, foreign or international statute, regulation, rule, order, treaty or other law applicable in that jurisdiction.
(n) You agree and acknowledges not to create any account under another person’s name or a false name or impersonate another person, company or organisation when using the "PP" Platform.
(o) You agree and acknowledge not to try to hack or gain access to the "PP" Platform nor should you use data mining, robots or similar data gathering or extraction methods for gaining information from the "PP" Platform, nor should you try to gain access to any part of the "PP" Platform, gain access to Subscriber Personal Information, accounts information, server or networks as used by Pedal Perks through any means whether it be hacking, password mining or any other methods of access to the "PP" Platform or information contained herein.
(p) No Subscriber shall gather information of another Subscriber which may be personal or sensitive information about a Subscriber whether of a personal or financial manner.
(q) Pedal Perks uses reasonable means to ensure the safety of its Subscribers information, however Pedal Perks cannot guarantee the safety of information as shared by you.
(r) The winner acknowledges and agrees that by accepting the prize, the winner agrees to make himself or herself reasonably available to Perks Perks to be recorded by way of still images and/or moving video while experiencing the prize, and otherwise provide access to the winner's name and likeness as reasonably requested by Perks Perks (Content).
(s) Perks Perks shall own the copyright to the Content, and to avoid doubt is permitted to:
(i) create and edit the Content as it considers desirable or necessary; and
(ii) transmit, broadcast, exhibit, sell and/or otherwise distribute the Content, and licence others to do the same, throughout the world in any way in any form of media.
(t) The winner acknowledges and agrees that Perks Perks and its related bodies corporate hold all rights, and are the sole, unencumbered, legal and beneficial owner of all rights, title and interest (including copyright, whether vested, future or contingent) in and to the Content throughout the world in perpetuity and the winner grants all consents which may be required for the exploitation of the Content on a worldwide, royalty free, perpetual, irrevocable and exclusive basis to use, reproduce, edit and display any Content in any and all media now known or hereinafter devised, throughout the world. In addition, and without limiting the foregoing, the winner agrees that Perks Perks may, in its sole discretion, post and/or use the Content in whole or in part, on Perks Perks social media platforms and/or website.
(u) The winners accept that they are responsible for obtaining all necessary travel visas, insurance and will cover any additional costs not detailed in the awarded prize descriptions.
18. YOUR ACCOUNT
18.1 As a Subscriber of Pedal Perks, when you provide us with your Personal Information, you warrant the following:
(a) You will only provide true information when you are creating your Account and you will keep your information current.
(b) You will not create an Account in the name of any other person or use any other person’s information in creating an Account which you control.
(c) If we have deleted or restricted your Account, you will not create another Account in your name or alternative name without the written consent of Pedal Perks, given in its absolute discretion.
(d) You will not transfer your account to anyone without Pedal Perks’s written consent, given in its absolute discretion. You also acknowledge and agree that should you transfer your Account without our consent, you will be held responsible for any activities, whether criminal or otherwise, of that Account.
18.2 Should a dispute arise about a Subscriber name that may be subject to copyright or trade mark breach, Pedal Perks reserves our right to delete this name or suspend or terminate the Account.
19. USE OF APIs & SDKs
19.1 Pedal Perks may use APIs and SDKs to allow you to sign into Pedal Perks using your credentials from Facebook and other social media applications.
19.2 An application program interface (‘API’) verifies your credentials and facilitates authentication for you to use the "PP" Platform without sharing your actual credentials with Perks Perks.
19.3 In relation to Facebook, Perks Perks uses API to interface with the Facebook platform and exchange data about the Subscriber such as: device type, OS or Android operating system type and version, your time zone, your carrier, device screen size, processor and disk space (‘Subscriber Data’).
19.4 A software development kit (‘SDK’) is used to assist Perks Perks to track and measure the actions Subscribers take while using this App. It allows Perks Perks to interact with other Apps like Facebook.
19.5 SDKs also provide us with tracking analytics, data trends and accurate insights on how Subscribers interact with Perks Perks to help us enhance Subscriber experience.
19.6 If you use Facebook to login to the "PP" Platform, any use of Facebook by you is subject to Facebook’s Platform Terms, privacy policies and any of Facebook’s supplementary terms.
19.7 By agreeing to these Platform Terms, you acknowledge and agree that Perks Perks uses APIs and SDKs. Should you not agree to Perks Perks providing your Subscriber Data to Facebook and any other social media application, please contact Perks Perks via the methods set out below and delete the App from your device.
20. UPDATES
20.1 From time to time, Perks Perks will need to make amendments to our services or the "PP" Platform (Updates). Perks Perks will notify you of Updates from time to time. You will have the opportunity to accept them in order to continue using our services.
20.2 In addition, Perks Perks may from time to time provide enhancements or improvements to the features/functionality of the "PP" Platform, which may include patches, bug fixes, updates, upgrades and other modifications.
20.3 Updates may modify or delete certain features and/or functionalities of the Application. You agree that Perks Perks has no obligation to: (a) provide any Updates, or (b) continue to provide or enable any particular features and/or functionalities of the Application to you.
20.4 You further agree that all Updates will be: (a) deemed to constitute an integral part of the Application, and (b) subject to the Platform Terms of this Agreement.
21. TERMINATION
21.1 If you breach these Platform Terms or create a risk to Perks Perks or other Subscribers of the "PP" Platform, or do anything unlawful on the "PP" Platform, Perks Perks may notify you by email and suspend, disable or terminate your access to the "PP" Platform in its absolute discretion. If Perks Perks suspends, disables terminates your access to the "PP" Platform all of your obligations in these Platform Terms which are capable of surviving, shall herein remain in force.
21.2 Perks Perks can terminate your Subscription, subscription, access and/or participation in any aspect of this "PP" Platform, or the "PP" Rewards Program in our sole discretion if Perks Perks believes you have breached any of the Platform Terms and/or you have yourself, are facilitating the unlawful activity of a third party in respect of the "PP" Platform or if Perks Perks suspects that any information provided by you is inaccurate or incorrect. In such an event,Perks Perks is at liberty to take any other action necessary to enforce these Platform Terms.
21.3 Your Subscription must be cancelled by notifying Perks Perks in writing by email to support@pedalperks.cc
21.4 Terminating your Subscription does not remove you from our mailing or text lists; these must be done via the associated links as they are sent via third parties.
21.5 Your Subscription, entitlements thereunder and your subscription to the Subscription Service can be cancelled at Perks Perks’s absolute discretion without further notice if you fail to honour or make any payment within ten (10) days from the due date.
21.6 All Subscriptions are cancelled absolutely without any rights or entitlements of reactivation. Upon cancellation, all accumulated entitlements and benefits, including but not limited to any undrawn Trade Promotion Lottery Entries, shall be terminated and forfeited. However you shall be entitled to receive and retain a prize you have already won.
21.7 If Pedal Perks believes someone has infringed the rights of another Subscriber, Pedal Perks reserves our right to remove this content or delete any Subscriber account at our discretion.
22. GENERAL
If any provision of these Platform Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
By engaging with this Website and registering as an account holder and placing an order for the supply of our service through the "PP" Platform, you represent that you are at least eighteen (18) years of age with capacity to contract with us. You agree to provide truthful and accurate information about yourself as request in any order or registration form.
These Platform Terms of Use are governed by the laws of the State of New South Wales, and the federal laws of Australia. Any claim or dispute between you and Perks Perks that arises in whole or in part from the website will be decided exclusively by a court of competent jurisdiction located in the State of New South Wales.
23. CONTACT US
Should you have any questions concerning your experience with Pedal Perks, these Platform Terms or any other Policy, we can be contacted at: support@pedalperks.cc and FAQ’s can be found at www.pedalperks.cc/#faq
ADDENDUM A
Subscription Tiers
Subscription
1. By selecting one of the below Subscription Tier options when you complete your subscription and registration with the Subscription Service, you acknowledge that Perks Perks will provide the benefits and entitlements for the relevant Subscription Tier subject to the Platform Terms and Policies, in consideration of your payment of the Subscription Fee when due.
2. Your Subscription will recur monthly until cancelled or terminated in accordance with the Platform Terms.
3. The pricing, rights and benefits for Subscription Tiers are described at www.pedalperks.cc/memberships.
4. Subscriptions automatically renew at the start of each billing cycle on the Website and General Platform Terms applying at that time, and will continue to renew accordingly until cancelled or terminated.
5. The monthly Subscription Fee is payable by each Subscriber at the time of subscription (except for Foundation Subscribers or special promotions) and the start of each billing cycle in advance as renewal of their subscription.
6. From time to time, Perks Perks may offer exclusive Deals which shall be released to Subscribers in accordance with the priority which is attributable to their Subscription Tier. The particulars of the Exclusive Deals and their release shall be at the discretion of Perks Perks, subject to the priority set out in the Subscription table.
7. If you wish to upgrade your Subscription, this will take effect the day the upgrade occurs, and resets the monthly billing cycle date from this date forward. The day the upgrade occurs existing entries carry over into the new subscription tier, and entitled bonus entries are awarded.
8. Downgrading subscription is not available on the "PP" platform. Subscribers must cancel their account all entitlements accrued Entries in any Trade Promotion Lotteries shall be deleted and forfeited absolutely and in perpetuity. Entries in Trade Promotion Lotteries are subject to being claimed by you.
9. These entitlements are subject to change at any time, at Perks Perks’s absolute discretion and which shall be binding on you if you choose to re-subscribe for or renew a Package/Subscription, or subscribe for a new Package or Subscription.
10. From time to time, Perks Perks may announce and offer additional entitlements for Subscribers including anything set out in this addendum, and includes but is not limited to, (a) Additional (or bonus) entitlements and access periods; (b) Upgrades for subscriptions in a specified period of time; or (c) Additional incentives, including discounts, bonuses, promotions (together, ‘Special Offers’). (d) discounted rates for annual subscription.
11. Special Offers are at all time subject to the specific Platform Terms for each Special Offer determined at Perks Perks’s sole discretion, including the imposition of certain conditions, which may include but are not limited to making purchases within a certain period or for a certain price, or adhering to certain other requirements as determined by Perks Perks. These terms operate in addition to the rights and obligations set out in these Platform Terms.
12. Some special Offers may be only available to new Subscribers who have not previously opened an account with Perks Perks, or purchased Subscription from Perks Perks.
Addendum B
Trade Promotion Lotteries
1. General
1.1 In this Addendum B:
‘Bonus Loyalty Entry’ means an Entry in the relevant Trade Promotion Lottery after the first month of Subscription, for Subscribers who maintain their Subscription, with the number of Bonus Loyalty Entries corresponding to the relevant Subscription Tier.
‘Entrants’ mean eligible Entry holders in a Trade Promotion Lottery who satisfies the criteria set out in these provisions, whereby each Entrant warrants that it is an eligible party in accordance with the foregoing clauses.
‘Entries’ or ‘Entry’ means Entry into the Trade Promotion Lotteries.
‘Trade Promotion Lottery’ is a lottery carried out by Perks Perks from time to time in promotion of the Subscription Service under which there is no Entry fee and prize winners are determined by chance through a draw.
‘Trade Promotion Regulations’ means the relevant State or Territory permit regulations and authority direction for Trade Promotion Lotteries, including without limitation the Community Gaming Act 2018 (NSW) and Community Gaming Regulation 2020 (NSW).
1.2 By subscribing, each Subscriber will also be granted entries into Trade Promotion Lotteries carried out by Perks Perks from time to time, with each Subscription Tier determining the number of entries that a Subscriber will receive (‘Trade Promotion Lottery’).
1.3 Eligibility to participate in a Trade Promotion Lottery for residents in New South Wales, Australian Capital Territory and South Australia (Permitting States) are strictly subject to the permit/licence/authority number for those Permitting States being published on the "PP" Website from time to time, for each Trade Promotion Lottery conducted by Perks Perks from time to time, such that in the event that a permit/licence/authority number is not published on the "PP" Website, a resident from the Permitting State that a permit/licence/authority number is not published on the "PP" Website, shall not be eligible to enter or participate in that Trade Promotion Lottery, notwithstanding of any term and condition otherwise, and such Subscriber agrees to release Perks Perks from all claim and liability associated with the ineligibility.
1.4 You acknowledge that each Trade Promotion Lottery has their own additional Platform Terms. To be eligible for each Trade Promotion Lottery you must read and accept the Platform Terms associated with each Trade Promotion Lottery or promotion. To the extent that any term in the specific Platform Terms of a Trade Promotion Lottery conflicts with these Platform Terms, the specific Platform Terms will prevail. Except to the extent described in clause 1.2, the following shall apply to all Trade Promotion Lotteries carried out by Perks Perks. In the event of inconsistency with the specific Trade Promotion Lottery Platform Terms carried out by Perks Perks, those specific Platform Terms shall prevail over this clause these terms to the extent of such inconsistency.
1.5 By registering, subscribing and creating an account with the Subscription Service, you declare and warrant that you will participate in any Trade Promotion Lotteries in accordance with these Platform Terms, and any other Platform Terms in connection with each Trade Promotion Lottery;
1.6 The purpose of the Trade Promotion Lotteries is to promote the Pedal Perks business, including the Subscription Service. The Trade Promotion Lotteries are free to enter based on the relevant Subscription Tier.
1.7 You can use the "PP" Platform to view details regarding the Pedal Perks Trade Promotion Lotteries conducted by Perks Perks from time to time.
1.8 Entries to the Trade Promotion Lottery are available for Subscribers only and they cannot be purchased separately.
1.9 Entry into each Trade Promotion Lottery is free of charge, but subject to the purchase of a Subscription, with the number of Entries based on the relevant Subscription Tier that is purchased.
1.10 The following provision is at all times subject to the relevant Trade Promotion Regulations. If anything in these provisions is unenforceable, illegal or void, or otherwise contravenes any Trade Promotion Regulations or causes the lottery to not be defined as a ‘trade promotion’ under any Trade Promotion Regulations in each relevant state, then it is severed, and the rest of the provisions remain in force. The rights and obligations of each party are not affected by any law that, but for this clause, would affect those rights and obligations.
1.11 If despite the operation of the foregoing provision, the contest/s are considered in law (including the Trade Promotion Regulations) to be not ‘trade promotions’ and cannot be operated without a valid permit, the contest shall be cancelled and made void in the relevant State or Territory, and each Entrant, or prospective Entrant agrees to release Perks Perks and its Related Parties from all claims, liability, loss, cost or damage in connection with the cancellation or voiding of the contest.
1.12 Each Trade Promotion Lottery is subject to Perks Perks obtaining all permits and approvals required in law. If for whatever reason Pedal Perks does not have, or is unable to obtain necessary permits and approvals for the relevant territory you are located in, or the Trade Promotion Lottery is cancelled or does not otherwise proceed, the Entrants agree to accept the cancellation, and fully and finally releases Perks Perks and its Related Parties from all claim, liability, loss, cost or damage associated with cancellation.
1.13 Nothing in these Platform Terms restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
1.14 There is no Entry fee to enter into the Trade Promotion Lottery, however to be an Entrant you must be a current Subscriber who:
(a) is at least 18 years of age;
(b) has been issued valid Entries from Perks Perks from time to time, for each relevant Trade Promotion Lottery separately;
(c) is not in breach of these Platform Terms; and
(d) is otherwise an eligible Entrant under these Platform Terms.
1.15 The number of Entries are not limited for each Entrant, subject to Trade Promotion Lottery Ticket availability.
1.16 In the event that a Trade Promotion Lottery cannot proceed or be determined due to reasons beyond Perks Perks’s control, or due to manipulation, tampering or corruption of the administration security, the fairness or integrity or proper conduct of Trade Promotion Lottery, or technical, communications or other issues, you: (a) agree and acknowledge that Perks Perks may in its absolute discretion cancel, suspend, modify or terminate the Trade Promotion Lottery; and (b) agree to accept the cancellation, suspension, modification or termination and fully and finally release Perks Perks and its Related Parties from all claim, liability, loss, cost or damage associated with cancellation.
1.17 An Entrant must comply with these Platform Terms, and not manipulate, tamper, cause someone to tamper or manipulate, benefit from tampering or manipulation, or do anything which affects the fairness or integrity or proper conduct of the Trade Promotion Lottery.
1.18 Perks Perks reserves the right in its absolute discretion to terminate any Entries, declare them invalid and disqualify (and/or prohibit) any Entrant from participating in the Trade Promotion Lottery, or any future Trade Promotion Lottery if the Entrant:
(a) Engages in any conduct described in paragraph 1.17;
(b) Breaches or threatens to breach these Platform Terms;
(c) Engages in conduct which threatens or harms the reputation and goodwill of Perks Perks;
(d) Engages in conduct which is fraudulent, misleading or deceptive;
(e) Engages in conduct which threatens, abuses, annoys, bullies Perks Perks, its associated partners or other Subscribers, or threatens or attempt to do any of those things; and
(f) Engages in conduct which causes any interference to the operation of the Trade Promotion Lottery or Subscription Service.
1.19 Insofar as it may apply, Perks Perks’s decisions in connection with the Trade Promotion Lottery are final without any rights for dispute or review.
1.20 Eligibility in a Trade Promotion Lottery is subject to your acceptance of these Platform Terms, and participation constitutes acceptance thereof.
1.21 Prizes cannot be transferred or redeemed for cash unless otherwise provided in the current Platform Terms of each Trade Promotion lottery.
1.22 Entrants and winners acknowledge that there may be tax implications which could arise from winning and receiving the prize, and they are advised to seek independent financial advice prior to the acceptance of the prize. All tax implications are borne by the prize winner, and the prize winner must release Perks Perks Related Parties from any taxation implications associated with the prize, or the prize winner’s winning or receipt thereof.
1.23 The Entrant acknowledges and accepts any and all risks associated with entering and participating in the Trade Promotion Lottery, and/or winning or claiming a prize. By participating, the Entrant does so at its own risk, liability, cost and expense and may be required by Perks Perks, at its absolute discretion, to provide further assurances by executing an acknowledgement, waiver, release and/or limitation of liability with regard to these risks.
1.24 Entrants are responsible for any and all expenses that they incur in entering or winning the Trade Promotion.
1.25 The prize winner shall be notified by written notice to their Perks Perks account, by phone message and/or email within seven (7) days of the draw for each Trade Promotion Lottery. Perks Perks may use any contact details provided by you in the course of your communication with Perks Perks to contact you, including but not limited to information from your subscription forms or any purchase orders made with Perks Perks. If permitted by Trade Promotion Regulations, Perks Perks may at its absolute discretion, notify the prize winner verbally by telephone.
1.26 Perks Perks will endeavour to notify the Winner in writing on the "PP" Website or other online platform within two (2) days following each Trade Promotion Lottery] . At its absolute discretion or as otherwise required in law, Perks Perks may announce the winning Entry in the newspaper or other publication. By entering into a Trade Promotion Lottery, you agree and acknowledge that Perks Perks shall not be liable for any claim, liability, loss, cost, expense or damage whatsoever, howsoever incurred (directly, indirectly or consequentially) in connection with Entry into the Trade Promotion Lottery or the prize, including but not limited to, as a result of the following:
(a) Tampering or manipulation of the Trade Promotion Lottery by a third party, including by other Entrants;
(b) Damage to the prize in transit or delivery;
(c) Inability or failure to locate or contact the winner of the prize and Trade Promotion Lottery (subject to reasonable efforts to do so);
(d) Delays in delivery;
(e) The inability of the prize winner to accept or take delivery of the prize;
(f) Anything in connection or arising from the prize winner’s acceptance of the prize, and entrance or participation in the Trade Promotion Lottery, to the fullest extent permitted by the Trade Promotion Regulations;
(g) The use or enjoyment of the prize;
(h) The suitability and quality of the prize,
including the release of any liability for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind in connection with the Trade Promotion Lottery and prizes.
1.27 Perks Perks and Related Parties shall not be held responsible for, and each Entrant shall release Perks Perks and its Related Parties from, any and all claims and liabilities (including in relation toPerks Perks’s compliance with these Platform Terms) in connection with any technological/technical, connection or network issues, failures or malfunctions, including but not limited to issues with computer devices and hardware, servers, communication networks, software, internet and online connections and providers, online traffic, electronic platforms and systems of every kind, e-mail systems or mail delivery, telephone network and connections, or incomplete, omitted, deleted, altered, interrupted, corrupt, delayed, lost, damaged, illegible or misdirected electronic communications, or any combination thereof.
1.28 The winners in each Trade Promotion Lottery will be drawn in one of the following ways:
(a) By automated electronic raffle or ball system for minor draws; and
(b) Physical raffle draw for all other draws (including major draws).
1.29 The prize will be paid or transferred to the winner within 28 days after the draw. If permitted under the Trade Promotion Regulations, the date by which the Prize is transferred shall be extended by up to another twenty-eight (28) days if the transfer is prevented, inhibited or delayed by any matter outside Perks Perks’s reasonable control (for example, if the event the subject of the prize is delayed).
1.30 The prize can be substituted for a prize of the same or greater value than the original prize where the winner either agrees in writing, or the original prize is unavailable due to circumstances beyond the control of Perks Perks and where reasonable attempts to reach agreement with the winner have been unsuccessful.
1.31 In conducting a Trade Promotion Lottery, Perks Perks may draw an additional Entrant's name in a second draw to substitute a winner of a prize if:
(a) a winner of a prize is not readily identified;
(b) reasonable efforts have made to identify the winner of the prize and were unsuccessful; and
(c) an additional Entrant's name is drawn.
1.32 Subject to the Trade Promotion Regulations, Entrants must present a valid Entry to be eligible to be a prize winner and claim a prize. If an Entrant fails to present the winning Entry to Perks Perks, verify its identity to the satisfaction of Perks Perks and claim the prize within seven (7) days of a draw (or such other reasonable time determined by Perks Perks, having regard to the nature of the prize), such winning Entry shall be cancelled and forfeited, and Perks Perks will be entitled to conduct a redraw. Perks Perks shall not be responsible for late, lost, misdirected, ineligible or illegible Entries (including lost, stolen, forged, defaced or damaged proof of Entry).
1.33 Perks Perks reserves the right to require and conduct security and/or identity verification checks in its absolute discretion to determine the identity and Entrant’s eligibility to enter the Trade Promotion Lottery.
1.34 Each Entrant must keep their contact details up to date and it is the Entrant’s responsibility to ensure that Perks Perks is notified of any change in contact details at any time in connection with a Trade Promotion Lottery. You agree to release Perks Perks and its Related Parties from any liability, loss cost or damage, including but not limited to non-communication of a winning Entry, in connection with your failure to update Perks Perks of your contact details.
1.35 It is your responsibility to check and ensure maintenance of your nominated method of contact and account, and Perks Perks must not be held responsible for your failure thereof, including but not limited to any missed communications which may be directed to your junk email box or spam or blocked lists, or resulting from accidental deletion.
1.36 Each Subscription Tier includes an entitlement for a predetermined number of Entries into each Trade Promotion Lottery arranged by Perks Perks from time to time in addition to any entitlements they may receive from any applicable Special Promotions, including pre-existing, new, current and future entitlements available to a Subscriber which apply to this Trade Promotion Lottery and in relation to the Promotion Period.
1.37 You are entitled to Entries in accordance with terms set out in Addendum B, however an Entry into a Trade Promotion Lottery is only valid if you receive written confirmation from Perks Perks of your Entries (and the number thereof) for each Trade Promotion Lottery and promotion. It is your responsibility to ensure that you receive the correct number of Entries, and by subscribing, you agree that Perks Perks must not be held liable for your failure to ensure that you receive your entitled Entries. Your failure to ensure the correct number of Entries shall deem all entitlements to the missing Entries forfeited at the time of draw for the relevant Trade Promotion Lottery.
1.38 Your entitlement shall accumulate in accordance with your subscribed Subscription Tier. Entitlement to Trade Promotion Lottery Entries for Subscribers shall accumulate and increase in accordance with the terms set out in Addendum B for each Subscription Tier. Upon the termination of any Subscription subscription, the Subscriber acknowledges and agrees that the mechanism for increased and accumulated entitlements for Entries into any Trade Promotion Lotteries shall be forfeited, and the re-subscription to a Subscription tier shall be treated as a new Subscription containing the entitlements of a new Subscriber (however will not considered a new Subscriber for the purposes of Special Promotions, unless expressly stated otherwise).
1.39 The winner for each draw will be published publicly online and/or other publicly distributed publication/s. By entering a Trade Promotion Lottery and holding an Entry, you agree and authorise Perks Perks to disclose and publish your name, suburb and identify you as the winner of the relevant prize in on these mediums if you become a winner of such prize.
1.40 You agree that Perks Perks may restrict, limit, suspend, terminate your participation in a Trade Promotion Lottery, or your access and use of the "PP" Platform and the Subscription Service and the content or feature therein, if you engage, cause engagement or threaten to engage in unlawful activities or misconduct or conduct which threatens the fair, intended and proper operation of the Trade Promotion Lottery, and Perks Perks must be held harmless for any liability, loss, cost or damage occasioned as a result thereof.
1.41 You acknowledge and agree that from time to time access to the "PP" Platform may be denied for any one or all of the following reasons:
(a) maintenance and/or repairs;
(b) upgrades and enhancements;
(c) Perks Perks server down time or failure;
(d) Perks Perks systems down time or failure; or
(e) software utilised by Perks Perks is corrupt or has failed,
and you accept the interruption, and to the fullest extent permitted in law, release Perks Perks and its Related Parties from any loss, cost or damage that you may suffer as result of such interruption, including but not limited to your interrupted access and participation in a Trade Promotion Lottery.
1.42 By being a Subscriber you agree as follows:
(a) That your Fee is in consideration for opportunity of accessing the Deals in the Subscription Service and for discount merchandise (if relevant) only;
(b) The availability of a Trade Promotion Lottery is conducted by Perks Perks from time to time at Perks Perks’s absolute and sole discretion, and for the promotion of the Subscription Service only; and
(c) By participating in a Trade Promotion Lottery you agree that you do so at your sole risk.
1.43 By participating in this Trade Promotion Lottery, you agree and accept that other participants may be entitled to additional and special entitlements to Entries as a result of Special Promotions occurring in the past, present or future but which apply to this Trade Promotion Lottery. You accept and acknowledge that these special entitlements may affect your chances in the Trade Promotion Lottery including but not limited to the dilution of the number of Entries you may hold in the proportion to the total Entries.
4. Perks Perks Discretion
These entitlements are subject to change at any time, at Perks Perks’s absolute discretion and which shall be binding on you if you choose to re-subscribe for or renew a Subscription, or subscribe for a new Subscription.