Agreement
1. These terms of service, including any schedules, along with all other terms, conditions, notices and disclaimers contained on the https://www.competitioncloud.com.au website, including related domains , or any Competition Cloud mobile application (together, the Site) are collectively referred to as the ‘Terms’.
2. By using the Site or making an application to become a Competition Cloud member (Member), you agree that these Terms apply as a legally binding agreement between you and Comps for Good Pty Ltd (ACN 660 255 005) as trustee for the Competition Cloud Trust (ABN 35 328 704 937) (we, us), including any amendments to these Terms that may be made by us in accordance with these Terms.
Membership
1. You may choose to become a Competition Cloud Free member (Free Member) or a Competition Cloud Pro member (Pro Member) by submitting an application using the Site in the required form and by providing the required details (Free Member and Pro Member, are each a Member).
2. If we accept your application to become a Member:
  1. if you applied to become a Pro Member, you will also be bound by the Pro Member Specific Terms set out in Schedule 1;
  2. you will be provided with an account on the Site (your Account);
  3. we may provide you with access to competitions, promotions and surveys that are from time to time made available on the Site (each a Third Party Promotion) which are administered, promoted, or offered (or any combination of the foregoing), by third party persons or organisations (each such person or organisation we will refer to as a Third Party Promoter);
  4. we may, from time to time, invite you to participate in certain activities, including surveys, promotions, competitions and other activities in relation to the Site (other than Third Party Promotions) that may be determined, administered, offered or advertised, by us (each a Competition Cloud Promotion);
  5. in connection with your participation in any Third Party Promotion or Competition Cloud Promotion (collectively, Activities) you may provide us with certain information or content, such as your personal information, your opinion, information about you or your experiences, or any other information or content (Your Content);
  6. we may, from time to time, send you notifications in relation to the Site or Activities, including in the form of emails and messages on the Site or via other communications, which may contain information relating to (among other things) Activities, payment of fees, or any other services that we may provide.
3. You represent and warrant to us that:
  1. you are at least 18 years of age or you have your parent or legal guardian’s consent to be a Member and participate in the Activities if you are under 18 years of age;
  2. you are a permanent resident of Australia; and
  3. all information supplied by you is and will be complete, true and accurate.
4. You understand and agree that:
  1. your access and ability to use and access the Site and participate in the Activities may be limited or restricted by us in our sole discretion, by reference to your category of membership, your conduct in connection with the Site or the Activities or any other matter that we consider relevant.
  2. you will maintain a valid, complete and accurate personal profile for your Account, including all required personal information and updating that profile with any changes to your personal information that may occur;
  3. any of Your Content may be disclosed or published by us to Third Party Promoters and third parties who intend to provide offers or advertisements to you on their own behalf or on behalf of others, that we consider (in our sole discretion) you may be interested in receiving;
  4. you will only maintain one Account and shared email addresses will not be used for more than one Account, even if the Accounts are for different people;
  5. you will not email, post or submit any of Your Content which contains or encourages defamatory, indecent, menacing, illegal, unsolicited or inappropriate acts, or otherwise brings us or the Site into disrepute;
  6. you will not publish, send to us or upload to the Site any material which contains any code or software which seeks to contaminate or destroy property of any part of the Site or any site or application hosted by a Third Party Promoter;
  7. you will keep your Account username and password details secure and will not allow other people to access your Account. If you suspect a security breach has occurred or may occur, you will immediately notify us;
  8. you will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your use in any way of the Site;
  9. you will receive notifications in relation to the Site or Activities, including in the form of emails and messages on the Site (Notifications);
  10. we are not under any obligation to send you any Notifications, invite you to participate in any Activities, or to provide you with any reward or consideration for your participation in Activities (except to the extent expressly stated in the terms of any Competition Cloud Promotion);
  11. we are not responsible to you or to any government authority for any taxes or loss of benefits you may incur or suffer as a result of you rewards you may receive in connection with the Site or any Activity;
  12. we have complete discretion to accept or refuse your application to become a Member;
  13. you will only become a Pro Member after you have complied with any necessary terms set out in the Pro Member Specific Terms set out in Schedule 1;
  14. you assign to us all data and intellectual property rights that arise in connection with your use of the Site and that may exist in Your Content and warrant to us that no third party owns or has any rights in any of Your Content;
  15. where you have moral rights, as defined in the Copyright Act 1968 (Cth) or any equivalent rights under the same or similar laws, in Your Content then you irrevocably waive those rights and consent to us using Your Content in a way that may otherwise infringe those rights; and
  16. we do not represent that all or any part of the Site or all or any of the Activities are appropriate for use, or available in other locations, outside Australia. If you access the Site from outside Australia and/or otherwise breach clause 2.3(b), you do at your risk and you are responsible for any consequences under these Terms or the terms of any Third Party Promotion as well as compliance with laws applicable to your accessing the Site and participating in any Activity.
5. If you do not agree to be bound by these Terms, you must immediately terminate your Account and stop using the Site.
6. If you fail to adhere to any of these Terms, we reserve the right to immediately suspend or terminate your Account without further notice.
One Click Entry
1. We may offer you access to our ‘One Click Entry’ service which can facilitate a more streamlined and automated entry into an eligible Third Party Promotions of your choosing on the Site (One Click Entry).
2. If you use One Click Entry to enter an eligible Third Party Promotion, you appoint and authorise us to act as your agent to:
  1. enter you into that Third Party Promotion;
  2. agree to, and legally bind you to comply with, the terms of that Third Party Promotion as they appear on the Site or on the Third Party Promoter’s website or application (Third Party Agreement);
  3. provide the Third Party Promoter with any of Your Content, to the extent required or requested by a Third Party Promoter in connection with your entry into the relevant Third Party Promotion;
  4. provide the Third Party Promoter with any additional information, including (but not limited to) other kinds of information about you we may gather from your use of the Site or participation in the Activities (Additional Information), that it may request or demand in connection with your entry into the relevant Third Party Promotion; and
  5. receive any communication or correspondence from the Third Party Promoter in respect of your participation in the relevant Third Party Promotion. For the avoidance of doubt, we are not obliged to receive any or all such communications or correspondence on your behalf.
3. If you do not agree to provide or disclose to a Third Party Promoter any of Your Content or Additional Information, we may not be able to enter you into the Third Party Promotion on your behalf, and we may not be able to offer you with the best user experience when using the Site.
4. You agree and warrant that:
  1. for each eligible Third Party Promotion that you wish to enter via One Click Entry, you have read and understood the Third Party Agreement in respect of the Third Party Promotion, prior to appointing us and authorising us to act as agent on your behalf and in accordance with clause 3.2; and
  2. we will not be held responsible or liable for any dealings with the Third Party Promoter or for any Claims arising from or in connection with a Third Party Agreement in respect of the Third Party Promotion that you have selected for entry via One Click Entry.
5. You agree that we are not under any obligation to provide you with a minimum number of Third Party Promotions that are eligible for the One Click Service.
6. We may at any time revoke your access to One Click Entry, either as a result of the cessation of your membership as a Pro Member, or otherwise in our discretion, following which our appointment as your agent under clause 3.2 will cease.
7. You agree to indemnify us, and keep us indemnified, against any and all losses, liabilities, expenses, costs or damages (including legal fees on a solicitor-client basis) we may suffer or incur in connection with any actions, claims, demands or proceedings that may be made, commenced or threatened against us, arising out of your participation in any Third Party Promotion or our acceptance on your behalf of the terms of any Third Party Agreement.
Points
1. You may be rewarded for your participation in Activities, including by earning Competition Cloud reward points (Points) which will be allocated to your Account.
2. We may publish on your Account, or send you a Notification, describing the number of Points that you are eligible to earn by participating in any Activity (if applicable), as well as any other criteria relating to that Activity, including (but not limited to) provision of Your Content (Additional Terms).
3. You will NOT earn Points for your participation in any Activity if:
  1. you do not complete all parts of the Activity;
  2. you do not provide Your Content in accordance with these Terms and the Additional Terms; or
  3. Your Content is in our view misleading, inaccurate, incomplete, inappropriate or defamatory,

(in any case, this will be Invalid Content).

Providing Invalid Content may also lead to termination of your position as Member and termination of your Account.
Your Points will only be capable of being redeemed for certain benefits that may from time to time be offered to you through the Site, such as:
1. entry into an eligible prize draw which may be offered by us, from time to time; or
2. election for us to donate cash or other prizes to one or more charities,

(Benefits),

and in each case, Benefits are only redeemable in accordance with any additional terms that may be published on the Site from time to time.

You acknowledge and agree that:
1. we have complete discretion to make available, remove and change the Benefits and change the number of Points required to redeem any Benefit;
2. Points have no value outside the Site, are not redeemable for cash, and cannot be transferred to any other person or Member. For the avoidance of doubt, you have no right for demand for payment, conversion, or transfer of loss of Points;
3. unless we expressly provide otherwise, Points accumulate during the course of each calendar month and any Points that remain in your Account by midnight on the last day of a calendar month will be removed from your Account. For the avoidance of doubt, you will have a nil Point balance on the first day of each calendar month; and
4. if you unsubscribe from any of our communications, close your Account or your position as Member or your Account is terminated by us in accordance with these Terms, you will forfeit all of your accumulated Points.
We will use our best endeavours to ensure that any Benefit validly redeemed by you in accordance with these Terms and any terms on the Site, will be provided to you. However, as the delivery of the Benefit may be provided or controlled by a third party, you acknowledge and agree that we are not liable in any way for any failure to deliver, or any fault or issue with any Benefit.
We may send you Notifications, and you may participate in Activities, which do not provide you with an opportunity to earn Points.
In order for you to accrue or maintain Points, you must accept cookies when using the Site and ensure that your firewall or filtering software settings on your computer or device will allow Points to be credited to you.

Suspension and Termination
1. You may terminate your Account with us at any time by following the steps provided on the Site.
2. If your email address becomes invalid or we are notified that our Notifications are not being received by your email address, we may suspend your Account. In order for us to re-activate your Account, you will need to contact us via the Site to update your email address. You will not be able to use your Account, or be eligible to earn Points, while your Account is suspended.
3. We reserve the right to terminate your Account without prior notice, at our sole discretion, and for any reason, including but not limited to circumstances where:
  1. any amount owing to us is outstanding for a period of more than 2 days have not been paid in full by you (if you are a Pro Member);
  2. your Account has been suspended for more than 10 days;
  3. you have failed to access the Site for a period of more than 3 months;
  4. you breach these Terms or any other terms, agreements or policies referred to in these Terms or contained on the Site, in any way;
  5. you use, publish or disclose any information or material which damages, or that we consider has the potential to damage our reputation, or the reputation of any third party; or
  6. you use, publish or disclose any information or material which infringes our rights or the rights of a third party, such as privacy or intellectual property rights.
4. If your Account is terminated (by you or by us):
  1. you will cease to be a Member; and
  2. you will forfeit all of your accumulated Points; and
  3. for Pro Members, you will not be eligible for any refund of any fees you may have paid to us, subject to the terms of Schedule 1.
5. If we terminate your Account, we may decide, in our sole discretion, that you are ineligible to become a Member at any future date.
General
1. (Additional terms binding) In addition to these Terms, if you choose to participate in any Activity, you will be bound by the terms of the relevant Third Party Agreement or additional terms that may relate to any Competition Cloud Promotion published on the Site or any Notification (as applicable).
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 platforms, and your data and personal information will be shared with, or collected by, such platforms when necessary. For further details on how we collect and use your personal information, please refer to our Privacy Policy located here: https://www.competitioncloud.com.au/Home/PrivacyPolicy.
3. (Confidentiality) Any information that you receive from us in relation to the Site, or any Activity, is considered confidential you must not disclose it to anyone unless such information is already publically available other than via yours or any other person’s breach of these Terms.
4. (Third Party Material and Websites) The Site may contain reference or links to another third party’s content (Third Party Material), including but not limited to Third Party Promoters. 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 acknowledge that:
  1. all Third Party Promotions or third party advertisements are provided by the author and do not represent an endorsement or recommendation by us;
  2. 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 party; and
  3. you agree and warrant to us that we will not be held responsible or liable for any of your dealings (including any of our dealings on your behalf in accordance with clause 3.2) with a third party, including (but not limited to) any Third Party Promoter.
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.
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.
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. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
8. (Limitation of liability) You acknowledge and agree that:
  1. 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 such losses;
  2. 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;
  3. 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; and
  4. in all cases where our liability has not been effectively excluded, whether by these Terms, by law or otherwise, our total liability is limited, at our option, to:
    1. the resupply of the relevant services to you; or
    2. payment of the cost of resupply of the relevant services to you.
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.
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.
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.
12. (Nature of Relationship) Except as provided in clause 3.2 (in which case an agency relationship is created between us (as agent) and you (as principal) for sole purpose of your engagement with the One Click Entry), 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.
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.
Pro Member Specific Terms
Application of this Schedule 1

This Schedule 1 applies to you only if you are a Pro Member.

Term

Subject to your terms of membership as a Pro Member for a period of one month (Monthly Term) or 12 months (Annual Term), and any termination or cancellation of your Account under these Terms and/or clause 3 of Schedule 1, as a Pro Member:

you will have access to your Account for the Monthly Term or Annual Term (as applicable) (Term) commencing on the date that we accept your application (Initial Term); and
your Account will automatically renew for a further Term commencing the date immediately after the final date of the Initial Term (Further Term). Unless you otherwise validly elect to vary the length of the Further Term before the Renewal Date, the Further Term will be for the same period as the Term that immediately preceded it.
Payment of Fees
1. Payment
In order to be a Pro Member, you must pay to us the applicable membership fee referred to as the Competition Cloud Pro Subscription Fee (Pro Member Fee) and any other applicable fees or charges (Processing Fees), which will be published and payable on the Site at the time you make your application for your Account to be a Pro Member and in accordance with any other terms of your membership (Pro Member Fee and Processing Fees, collectively the Fees).

We may, from time to time, also offer discounts in respect of the Pro Member Fee.
You agree to pay all Fees via a third party payment process provider that you have selected as your payment method on the Site (including, for example, PayPal) (Authorised Payment Method) for all incurred and recurring Fees and provide us with any requisite authority to charge the Fees with the Authorised Payment Method in accordance with this clause 3 of Schedule 1. We do not store any of your payment details on the Site or servers.
For the Initial Term, you agree to pay the Fees at the time of making your application to be a Pro Member.
For any Further Term, subject to whether any specific terms for the payment of Fees for a Further Term has been offered by us to you and which you have agreed, you agree to pay the Fees upfront on the final day of the Term (Renewal Date).
You will be charged on each applicable Renewal Date for all outstanding Fees that have not previously been paid by the Authorised Payment Method until your Account is cancelled or terminated under these Terms, and you provide us with any requisite authority to charge Fees to the Authorised Payment Method. Unless otherwise indicated, all fees and other charges (if any) are in Australian dollars, and all payments will be in Australian dollars (AUD).
Your paid Fees will appear on invoice receipt, which will be sent to your Account.
If the Authorised Payment Method is unable to process payment of Fees, the Authorised Payment Method may make several further attempts to process payment within 14 days after the unsuccessful Renewal Date. If payment of Fees is not successful within 2 days after the unsuccessful Renewal Date, we may suspend and revoke access to, or partially or fully limit your access to Pro Member features in, your Account. Your Account may be reactivated upon your full payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, we reserve the right to terminate your Account in accordance with clause 5.3 of the Terms.
Renewal of a Further Term as a Pro Member
You agree that it is your responsibility to:

be aware of the Fees that will apply to your Account for the Further Term. You will be notified of the Fees including the terms of payment of the Fees by email in respect of the Further Term no later than 30 days before the Renewal Date;
cancel your Account in your ‘Profile’ page in your Account by no later than 1 day prior to the Renewal Date, if you wish to not renew your membership for a Further Term. By cancelling your Account prior to the Renewal Date, you are indicating your non-acceptance of a Further Term and your agreement that your Account will be cancelled at the end of the Term; and
if you wish to renew your Account for a Further Term, ensure that there are sufficient funds available for the Fees for payment via the Authorised Payment Method at the Renewal Date.
No refund of Pro Member Fee
To the extent permitted by law, you agree that you will not be entitled to any discount of the Fees for any reason, even in the event that we reduce our Fees at some future time, including (for example) a discount or promotion that we advertise on the Site for a limited time.
If your Account is terminated or cancelled for any reason by us or by you:
1. you will not be entitled to any refund for any reason, including (without limitation) financial hardship or change of mind, in respect of any Fees that had been paid by you, or you will incur, for the Term; and
2. you will not be entitled to recover any of the Benefits that you may have received or accrued in your Account. For the avoidance of doubt, this clause 3.3(b)(ii) of Schedule 1 includes the event where your Account is cancelled by reason of your late payment of the Fees for a Further Term.
Change of Pro Member Fee
We reserve the right to change our Fees. Any change of our Fees will be published on the Site.
The Fees payable by you for the Term will be the Fees that is offered to you at the time your application has been accepted by us.

Date of Terms: 01/09/2022