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General (Site) Terms

General (Site) Terms

This page outlines the Terms of access to and use of the website at https://prizepay.com.au (Site) and any transactions over the Site.

1. Interpretation
In these terms and conditions:

  1. a reference to a person includes any other legal entity and vice versa;
  2. words importing the singular number include the plural number and vice versa;
  3. a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
  4. headings are for reference purposes only;
  5. where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
  6. references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
  7. unless otherwise stated, all references on the Site and in the Terms to a monetary amount is a reference to an Australian dollar currency amount; and
  8. an obligation of two or more parties binds them jointly and each of them severally

2. Acknowledgment

  1. The Site is owned and operated by PrizePay Pty Ltd (ACN 645 962 769) (PrizePay, we, or us).
  2. Your access to and use of the Site is conditional on your acceptance and compliance with these terms and our privacy policy located at https://prizepay.com.au/privacy-policy (Privacy Policy), together with any notices and disclaimers contained on the Site (Notices), and if you are a prize winner, our PrizePay Code Redemption Terms and Conditions (collectively, Terms). By agreeing to the Terms, you are entering into an agreement with us, including our successors, assignees and related bodies corporate.
  3. If you disagree with any aspect of the Terms you should immediately cease all use of, and access to, the Site.
  4. By accessing the Site and utilising our services, you warrant and represent that:
    1. you have read and agree to be bound by the Terms;
    2. you are over the age of 18; and
    3. you have the legal right, authority and legal capacity to enter into a legally binding agreement and abide by the Terms.
  5. We reserve the right to update the Terms at any time without notification effective on the date of posting to the Site of the new and amended provisions.

3. Access to the Site

  1. You may access and use the Site solely for your own personal use.
  2. You must not access or use the Site in any manner or for any purpose which is illegal or prohibited by any laws that apply to you, violates our rights in any way, or is prohibited by the Terms.
  3. You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your access to, and use of, the Site.

4. Intellectual Property

  1. The Site is owned by us.
  2. Intellectual property rights subsisting in the Site (including copyright in the content, design and source code of the Site) is our property or is licensed for us to use unless otherwise stated.
  3. You may use, print and make temporary copies of content available on the Site on your computer for non-commercial, personal or internal business use. You must obtain written permission before you use the content for any other purpose.
  4. From time-to-time materials available on the Site may be subject to specific usage rights and restrictions. We will notify you of any such rights and restrictions when you access the materials. You must only use the materials in accordance with those rights and subject to those restrictions.

5. Disclaimer and Limitation of Liability

  1. You agree that your access to, and use of, the Site and our products and services is at your own risk. To the fullest extent permitted by law, PrizePay, its officers, directors, employees, representatives and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof or your use of any of our products and services. To the fullest extent permitted by law, we do not make any warranties or representations about the accuracy, adequacy or completeness of the information and we do not accept any responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained on this Site.
  2. We do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. Accordingly, we are not liable for any loss suffered as a result of any such viruses or defects.
  3. All content on our Site is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
  4. Subject to your rights under the Australian Consumer Law and clause 6 below, and to the maximum extent permitted by law, PrizePay, its directors, officers, agents or employees:
    1. will not be liable to you for any direct, indirect, incidental, special, punitive, or consequential loss or damages whatsoever arising (whether in negligence or otherwise), in connection with your access to, and use of, the Site and its content, any errors or any omissions from the content of the Site including typographical or photographical errors, any technical malfunction, error, virus, delay or interference on the Site or a failure or omission on the part of PrizePay to comply with its obligations under the Terms;
    2. do not warrant or guarantee that the Site will be completely accurate or continuous at all times. The site is provided on an “as is” and “as available” basis. The information contained on the site is general and may not be suitable for your particular needs;
    3. do not accept any responsibility to maintain the material and services made available on the Site or to supply any corrections, updates, or releases in connection with the Site. Any material on the Site is subject to change without notice;
    4. exclude all other terms, conditions, guarantees and warranties, whether express or implied, by statute, trade or otherwise; and
    5. exclude all liability to you for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the materials on this Site and/or your use of this Site.

6. Indemnification
Without limiting any other provision of the Terms, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us. As a condition of your access to and use of the Site, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Site or your breach of the Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration for an account with us and your use and access of the Site, and applies to claims arising both before and after the registration ends.

7. Orders & Payment Terms

  1. All products advertised on the Site are subject to availability.
  2. Any order placed via the Site or otherwise is an offer by you to purchase or redeem (as applicable) a particular product for the value specified at the time you place your order. You acknowledge by placing an order, you are agreeing to purchase or redeem (as applicable) and accept delivery of the product(s) ordered.

8. Returns and Refunds

  1. You must notify us within five (5) working days of delivery of any shortfall, damaged or incorrect orders.
  2. If a product received by you is damaged, faulty or not fit for purpose, promptly contact us on contact@prizepay.com.au to provide details on the fault or damage or reason why you feel the product is not fit for purpose. Nothing in the Terms reduces or limits your rights under the Australian Consumer Law. A refund will not be provided by us if the fault or damage to the product has been caused by misuse (by either you or a third party) or if the product has been modified or tampered with in any way by you or a third party. Furthermore, a refund shall not be provided if we believe that the product is, in fact, fit for purpose (i.e. the product can, in fact, be used for its intended purpose).
  3. We do not replace or refund for goods or services as a result of a change of mind, so please choose carefully.
  4. You acknowledge that, despite our reasonable precautions, products may be listed at an incorrect price or value or with incorrect information due to typographical error or like oversight. In these circumstances, we reserve the right to cancel the order, notwithstanding that your order has been confirmed and your credit card has been charged. If a cancellation of this nature occurs after you have been charged for the purchase, we will issue a credit to your account for the amount in question.

9. Termination
We may terminate your access to this Site at any time without reason or notice. The Terms will survive any such termination.

10. Governing Law
The Terms are governed by the laws in force in the State of New South Wales, Australia and you hereby agree to submit to the exclusive jurisdiction of the courts of New South Wales.

11. Advertising and Links to Other Sites

  1. The Site may contain links to third party sites (“Linked Sites”). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (“Subsequent Site”). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. Your use of any Linked Site or Subsequent Site is at your own risk and subject to these third party sites’ terms of use.
  2. To the extent permitted by law, PrizePay, its directors, officers, agents, employees and contractors do not give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do we accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.

12. General

  1. We do not accept any liability for any failure to comply with the Terms where the failure is due to circumstances beyond our reasonable control.
  2. If we waive any rights available to us under the Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
  3. If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
  4. The Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us for reasonable business purposes without restriction.
  5. We reserve the right to amend the Terms at any time without notice, and it is your responsibility to review the Terms for any changes. Your access to the Site and use of our products or services following any amendment of the Terms will signify your assent to and acceptance of its revised terms.

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