Terms of service

TRUE IMPACT AUSTRALIA TERMS AND CONDITIONS

These Terms and Conditions (T&Cs) govern the relationship between Drive the Change Pty Ltd ACN 683 158 223 trading as True Impact Australia (us, we and our) and each user, customer, visitor, purchaser and entrant (you and your), including:

⦁    the use of our website www.trueimpact.com.au (website);
⦁    purchase of our goods; and
⦁    entry into our trade promotions.

We may vary the T&Cs from time to time with fourteen (14) days’ notice via the website. At the end of that fourteen (14) day period the changes will become binding upon you. If you continue dealings with us following expiry of the fourteen (14) day period you will be deemed to have accepted the T&Cs, as amended from time to time.

The T&Cs create a legally binding agreement between us and you. In all applicable circumstances, you irrevocably waive any rights you may have to appeal, review, or otherwise oppose any determinations or actions of ours in relation to the website or other related matters.

Website

By using the website, you irrevocably acknowledge and agree:

Compliance

To comply with the T&Cs and any policies published by us from time to time.

Intellectual Property Rights

Not to copy, use, communicate to the public, or transmit the content of the website without the prior written consent of us, including logos and images, unless such use is a fair dealing under the Copyright Act 1968 (Cth).

That the text, data and metadata of the website is owned by us. You agree not to copy, download for use, reverse engineer or otherwise attempt to capture the design, data, metadata, operation, system or processes used on our website.

To contact us if you would like permission to reproduce any of the website content. When any website content is reproduced or reposted, it must be attributed to us.

Use of Website

Not to do anything that may disrupt the use of the website or any other third party software, devices, services or other things necessary to the operation of the website, and specifically not to:

⦁    data mine or conduct automated searches on the website or its content, whether through the use of additional software or otherwise;

⦁    incorporate or use any of the content on the website, including advertising or promotional materials;

⦁    frame or mirror the website;

⦁    tamper with, hinder the operation of, or make unauthorised modifications to the website or any content on the website;

⦁    knowingly transmit any virus, worm or other disabling feature to or via the website;

⦁    advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the website or our domain;

⦁    delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

⦁    use the website to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or

⦁    use the website or any facilities available on the website for any activities, or transmit to or via the website any information or content which:

1. breaches any laws or regulations;
2. breaches the T&Cs;
3. infringes a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);
4. is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
5. is false or misleading;
6. is discriminatory or in breach of State or Commonwealth anti-discrimination legislation; or
7. identifies a person, or which can be used to identify a person (including any copy, photos or other pictorial representations), unless you have obtained that person's authority; or
8. attempt to do, or permit another person to do, any of the above acts.
   

Code of Conduct

To engage with us and any other parties using or viewing the website in a polite and respectful manner. If you choose to use offensive, discriminatory, illegal, homophobic, racist, hate speech, or otherwise unacceptable language, actions, or other communications, we may, in our absolute discretion, serve you with a warning notice and/or deactivate, delete or suspend your membership and access to the website for any period or indefinitely. We reserve the right to report any illegal or unlawful activity concerning the website to the appropriate authorities.

To ensure that any information provided by you to us is accurate, truthful, not misleading, not deceptive or otherwise incorrect.

Not to do anything or hold yourself out to be related in some way to us without our prior written consent.

Contact

That we may contact you by any contact details you provide to us, including email, SMS, telephone, at its discretion, for any reason determined by us, including, but not limited to marketing of our goods and services, the website or affiliate/advertiser content.  We do not sell data lists to third parties, and will only use your details for the purposes mentioned above.

Advertising

To advertising content being published on the website and such content being broadcast to you, without further consent required, during your use of the website. Any
advertising content will consist of links to external sources which contain content of third parties (Third Party Content). You expressly acknowledge that we do not endorse, recommend or approve, or warrant the truth, accuracy, currency or suitability of, any Third Party Content whether available on the website or otherwise. You should satisfy yourself as to the veracity, currency and suitability or otherwise of any Third Party Content.  You expressly acknowledge that you rely on Third Party Content entirely at your own risk and that we have no liability to you arising in any way out of Third Party Content.

Marketing

To consent to us using your personal information for our own purposes, including marketing of the website.

To the use of cookies to track your usage of the website.

To our privacy policy on our website www.trueimpact.com.au which contains information on how we deal with your personal information and how you may elect to opt out of marketing communications.

Uploading Content

That you represent and warrant in relation to any content you upload to the website that you provide us with a perpetual, non-exclusive, unlimited, royalty-free, irrevocable, worldwide and transferable right and licence to:

1. reproduce;
2. sublicense;
3. or otherwise re-distribute, such content in any way that we determine in our absolute discretion.

That you consent to any act or omission which would otherwise constitute an infringement by us of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

That, in relation to any content you upload to the website:

⦁    it is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

⦁    it is not the ‘passing off’ of any product or service and does not constitute unfair competition;

⦁    you own the copyright in it and it does not infringe any intellectual property right including, but not limited to:

1. trade marks (whether registered or unregistered);
2. business names (whether registered or unregistered), 
3. confidential information; and 
4. copyright;

⦁    it does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland including, but not limited to, the:

1. Competition and Consumer Act 2010 (Cth);
2. Fair Trading Act 1989 (Qld)
3. Copyright Act 1968 (Cth);
4. Trade Marks Act 1995 (Cth);
5. and equivalent state and territory legislation and any other legislative body competent to legislate in relation to the website or any law in any country where it is or will be available electronically to users of the website.

Lawful Use

That you shall conform with all relevant laws in respect of your use of the website.

That you shall not use the website and the facilities contained in it in any unlawful way or for any illegal purpose or in any manner that infringes our rights.

Website Disclaimer and Risk

That we do not guarantee that:

1. the website will be secure or available at any particular time or location;
2. any defects or errors in the website will be corrected;
3. the website will be free of viruses or other harmful materials;
4. the activities of other users of the website will be moderated, controlled or authorised by us in posting content to the website; or
5. content on the website complies with the laws of any country outside of Australia.

That you use the website solely at your own risk.

Suspension and Termination of Website

That we may at any time and without prior notice suspend the website or disconnect or deny you access to any part of it during any technical failure or maintenance period that we decide to utilise.

That we may at any time without prior notice and without a reason delete specific content or cease operation of the website.

That we are not liable for any loss, damage or other consequences suffered by you as a result of us suspending or ceasing operation of the website.

Membership Credentials

That should you share your membership or login details with any other person, that person is subject to these T&Cs. We are not responsible for any loss, damage, or other consequences, whether financial or otherwise, from the unlawful use of the website by a party you have provided with access to your account.

To secure your password. We are not responsible for any loss, damage, or other consequences, whether financial or otherwise from the authorised or unauthorised use of your account by any other party, regardless of whether access to your account has been facilitated as a result of failing to secure your password to the website, or any other third party website, or through other means or actions by a third party which compromises your account.

That you shall keep your membership and contact details up to date at all times through the website.

Sale of goods

Binding Contract

Submitting an order for goods or services through the website creates a legally binding contract between you and us, on the terms of these T&Cs.

Payment must be made in full at the time of placing an order through the website. Orders are not complete until payment is made.

Once goods ordered through the website are paid for, an order for goods or services may not be cancelled by you.

Prices shown on the website are current as at the time an order is place and paid; however, we may change prices from time to time without notice.

To the best of our knowledge the goods and services offered on the website are available for purchase. In the event that a good or service is determined not to be available after a purchase is made, we shall promptly advise you and issue a refund.

We reserve the right to decline an order made through the website at our discretion for any reason.

Prices stated on the website are GST inclusive.

Postage

You are responsible for providing the correct postal address at the time of placing an order on the website. We ship goods strictly in accordance with the details provided at the time of you submitting an order through the website. We take no responsibility or liability for incorrect postal address details provided by you.

The costs of postage and handling are in addition to the published prices of goods and services. Postage will be calculated at the time of checkout and placing of the order.

Risk

We have the right to arrange for delivery of goods and services in one or more shipments.

Risk of goods passes to you upon us placing the goods with the relevant postal/shipping provider.

Loss/damage of goods during transit is at your risk and we are not obligated to provide replacement goods in the event of loss or damage by the relevant postal/shipping provider.

Payment Providers

Payments for goods and services through the website must be made using the payment providers specified by us.

All payments made through the website are subject to the terms and conditions of the payment providers.

We shall not be liable for any loss or damage suffered by you in respect of your use of payment providers.

Refunds generally

If a good is not of acceptable quality, not fit for purpose, or does not match the representations on the website, please contact us to discuss your options.

We do not offer refunds for a change of mind.

If we are not able to supply you with a good you have purchased due to any delivery restrictions, we will provide you with a refund of the purchase price.

Refunds will be provided only to the same card or account from which the funds were received originally and will be processed in Australian dollars.

Australian Consumer Law

Many of our goods come with a guarantee or warranty from the manufacturer or supplier. In addition, they come with guarantees that cannot be excluded under schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details of your consumer rights may be found at www.consumerlaw.gov.au.

Where we are not permitted to exclude, restrict, or modify its liability for a breach of a condition or warranty that is implied by any statute or applicable laws but are permitted to limit its liability for the breach of such condition or warranty, our liability is limited to any one of the following as we determine in our absolute discretion.

⦁    in the case of goods supplied, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacement of the goods or of acquiring equivalent goods, or for the payment of the cost of having the goods repaired; and

⦁    in the case of services provided, the supply of the services again, or the payment of the cost of having the services supplied again.

You acknowledge that all goods are sold subject to the manufacturer’s trading terms and conditions and any warranty of the manufacturer.

Subject always to clauses 18.1-18.5, all conditions, warranties and guarantees other than those expressly provided for in these T&Cs are excluded to the fullest extent permitted by law and we will not be liable to you for any loss caused (in whole or in part) by or arising (in whole or in part) out of any use of the goods or any defect in the goods or any failure, malfunction, breakdown or deterioration of the goods.

Limitation of Liability

To the fullest extent permitted by law, we shall not be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the website, these T&Cs and the
relationship between you and us. Subject to any statutory guarantees (including those under the ACL), in no event shall our aggregate liability for any damages exceed the greater of $100.00 or the amount you paid us in the past 12 months.

In any event, we shall not be responsible for, or liable for, loss of opportunity or any losses associated with the loss of opportunity to participate in a trade promotions, competition or other games of chance.

Indemnity

By using the website, you indemnify us and our respective officers, employees and agents (the Indemnified) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that we incur or suffer as a direct or indirect result of:

⦁    a breach by you of these T&Cs;

⦁    an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the website; and

⦁    any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third party’s copyright or trade mark.

General

Interpretation

In the interpretation of these T&Cs a reference to the singular includes the plural and vice versa.

Jurisdiction

These T&Cs are subject to the laws of the State of Queensland, Australia and each party submits to the non-exclusive authority of the Courts of that jurisdiction.

Severability

If a provision of these T&Cs is held invalid or unenforceable by any Court such determination and consequential severance (if any) shall not invalidate the rest of these T&Cs, which shall remain in full force and effect as if such terms and provisions had not been made a part of it.

Entire Agreement

These T&Cs and any warranties implied by law which are not capable of being excluded or modified embody the entire agreement between us and you.  Any contact by you with customer service officers of ours that includes any negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by these T&Cs.

Waiver

If we do not act in relation to a particular breach by you of these T&Cs this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.

For the avoidance of doubt, a waiver by us is only of effect if in writing.

Our Contact Details

If you have any questions about these Terms & Conditions please contact us using the following details:

• Drive the Change Pty Ltd ACN 683 158 223
• Address: PO Box 153, Woody Point, Qld, 4019
• Email:  hello@trueimpact.com.au

Prize Draws

Definitions

For the purposes of clauses 28– 34, the following definitions apply:

⦁    Cash Alternative if offered, means the cash amount in Australian dollars which can be substituted in lieu of the relevant prize won in a Prize Draw.

⦁    Prize Draw means each and every individual prize draw conducted by us to promote the website.

⦁    Prize Draw Conditions means any additional terms and conditions applicable to a particular Prize Draw.

Introduction

Our Prize Draws are trade promotions we conduct to promote the website.

Prize Draws are subject to the T&Cs, Prize Draw Conditions and any applicable laws.

There are no refunds or replacements applicable to goods/merchandise purchased in conjunction with the entry into Prize Draws.

You acknowledge and agree that failure to win a prize in a Prize Draw does not constitute a failure by us to supply goods/services/merchandise to you under contract law or the Australian Consumer Law.

You agree that you will not seek to reverse a payment transaction, or claim compensation, or cause detriment to us, or otherwise approach a payment provider (such as Paypal) for refund of payment for goods/merchandise/services related to a Prize Draw alleging that we failed to supply goods/merchandise/services solely on the basis that you were not successful in the Prize Draw.

You agree to indemnify us in respect of any costs, loss or damage caused or suffered by us (including indirect, consequential or subsequent costs, loss or damage) as a result of your failure to comply with clauses 29.3 to 29.5.

Conditions of entry

To enter a Prize Draw, a person must purchase a membership to join the website and correctly complete the details required at the time of purchase (Entry Details).

The person whose details are provided with the Entry Details will be the person to whom prizes will be transferred and that is deemed to have agreed to and accepted these T&Cs so far as they apply to entry into the relevant Prize Draw.

Entry into a Prize Draw is open to persons who have purchased a membership to join the website which includes entries into the relevant Prize Draw as part of the relevant promotion of the website and meet the following criteria (Eligible Person):

⦁    a resident of Australia, other than residents of South Australia and the Australian Capital Territory;

⦁    at least 18 years old; and

⦁    not an Ineligible Person.

The following persons are ineligible for entry in the Prize Draws (each an Ineligible Person):

⦁    a resident of South Australia or the Australian Capital Territory;

⦁    a person under the age of 18 years;

⦁    a member of our management committee, including our board of directors and executive management;

⦁    our employees or employees of our subsidiaries;

⦁    all other parties (and their employees and agents) directly engaged in conducting the Prize Draw; and

⦁    a family member of a person caught by clauses 30.4(d), (e) and (f) including spouses, de facto spouses, parents, step-parents, siblings, step-siblings, children and adopted children.

It is your responsibility as an entrant in a Prize Draw to ensure that you are eligible under all applicable laws to accept the prize should you win the Prize Draw.

We reserve the right to disqualify entries in the event of non-compliance with the T&Cs.

All prize values are listed in Australian currency.

By entering into a Prize Draw you agree to provide your name and photographs or other media with any prizes won in a Prize Draw as reasonably requested of you and also to permit us to film content of you with the prize for reasonable promotional purposes.  You provide us with a perpetual, non-exclusive, unlimited, royalty-free, irrevocable, worldwide and transferable right and licence to use your likeness and any image of you for such purposes.

By entering into a Prize Draw you agree not to make any defamatory or derogatory comments on any social media platforms or other public forum against us, the website, the Prize Draw, any prizes or anything incidental to us, the website or Prize Draws.

Transfer of prizes

Where we are unable to provide you with the nominated prize, or you are unable to legally own or receive the nominated prize, or where we are unable deliver a prize due to natural disaster, fire, theft, destruction or other circumstances beyond our control as may arise from time to time, we may at our absolute discretion offer you a substitute prize of the same value in Australian Dollars, subject to any written consent required from any relevant state or territory government department.

We will only transfer prizes and title in any property to the person named in the Entry Details, subject to the production and verification of valid identification.

Subject to the relevant Prize Draw Conditions you may elect to receive the Cash Alternative in lieu of the advertised prize, should it be offered.

Privacy and Communications

You agree that your participation in a Prize Draw constitutes an invitation for us to contact you in relation to, among other things, offering you tickets in future draws, matters relating to your entry and to notify you of the outcome of the relevant Prize Draw.

To enter a Prize Draw you must supply at least one method of contact and we reserve the right to send you service-related communications to you subject to our Privacy Policy regardless of your contact preference. These service-related communications may include, by way of example only, updates to the Terms and Conditions, to deliver tickets, updates to our privacy policy and anything else required to administration of the Prize Draw.

Prize Draw Disclaimer

Any and all products, brand names, logos, images and/or trademarks as displayed or referred to on the Prize Draw website are owned by the respective trademark owners. We do not warrant to have an affiliation with any trademark owner referenced on the website who is not us.

We use all reasonable endeavours to ensure that information on the website is correct but we do not warrant the accuracy or completeness of the information provided and will not be held liable for any inaccuracy, omission, variation or error.

By entering a Prize Draw you acknowledge that the T&Cs, including those specifically applicable to Prize Draws under clauses 28–34 provide adequate warning of eligibility requirements, alternative prize arrangements and afford a reasonable opportunity for you to seek your own independent legal advice prior to taking transfer of the prize.

To the extent permitted by law, including pursuant to the Australian Consumer Law, we shall not be liable for any loss or damage of whatsoever nature however occasioned to any person by, through or in connection with the Prize Draw (including but not limited to direct, indirect or consequential loss or damage or personal injury).

We will not be liable to you or any winner for any financial consequences (including but not limited to any taxation liability (such as vehicle transfer duty, unless you are a resident of Victoria) and/or levy that may accrue to you or a winner, impact upon eligibility for or receipt of any pension, benefit allowance, superannuation or similar entitlement or any additional legal or other fees, including insurances on or after the transfer of any property) to you or the winner as a result of winning a prize.

Disputes

Any and all disputes, claims and causes of action arising out of or in connection with any Prize Draw must be resolved individually and not by any form of class action.

All entrants to a Prize Draw agree to participate in alternative dispute resolution, including but not limited to mediation, regarding any and all disputes, claims and causes of action before resorting to the commencement of legal proceedings.