TERMS & CONDITIONS

INTRODUCTION

  1. Thank you for using our Business website ("Website") and Mobile application ("Application") and our products and services available via the Website and Application from time to time ("Services"). The Website and Application are owned and operated by our business. Information about how to join and use the Website, Application and Services, along with the Application Game terms contained at Appendix A, form part of these terms and conditions ("Terms"). By accessing or using the Website, Application or Services, you agree to be bound by these Terms.
  2. Your access to and use of the Website, Application and/or Services is conditional upon your agreement to and acceptance of these Terms and any other policies or terms made available to you on the Website, Application or otherwise via the Services. Each time you use the Website, Application or Services, you agree to be bound by these Terms and any such additional policies or terms. If you do not wish to be bound by these Terms, do not use the Website, Application or Services.
  3. We may modify the Terms at any time, and such modification will be effective as soon as it is posted on Website and/or Application. By continuing to use the Website, Application or Services, you agree to be bound by the Terms as modified. Since you are bound by these Terms each time you use the Website, Application or Services, you should check these Terms for any revisions each time you use the Website, Application or Services and wherever prompted to do so.
  4. We reserve the right to change the Website, Application or Services in any way without notice to you. Even if you have registered an account, your ability to access and use the Website, Application or Services may be terminated at any time without notice to you. If you do not agree to these Terms, you must immediately cease using the Website, Application or Services and, if you are using the Application, delete the Application from your device.
  5. We may use third party suppliers and technology providers to operate and provide parts of our Website, Application or Services.
  6. Any costs associated with downloading, installing, accessing and using the Website, Application or Services remain your responsibility and are dependent on the service provider used.
  7. makes no representation that the Website, Application or Services (or any element of thereof) is appropriate or available for use in all locations.
  8. If you are the driver of a vehicle (or other form of transport), you must not use the Website and/or Application while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the Website and/or Application when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the Website, Application or Services. In the interests of safety at all other times, The Business recommends that you only use the Website, Application or Services when it is lawful and safe to do so.

    9. USE OF WEBSITE AND APPLICATION
  9. You agree not to misuse the Website, Application or Services and to only access the Website, Application or Services using the interface and instructions provided. Our Website, Application and Services are provided for your own personal use. They must not be used for any commercial purposes whatsoever or for any illegal or unauthorised purpose. When you use our Website, Application or Services, you must comply with all applicable laws.
  10. You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Website or Application to a human perceivable form; distribute or republish any element of the Website or Application in any way; resell, rent, lease or lend any element of the Website or Application; defeat, disable or circumvent any security feature of the Website or Application; or transfer any element of the Website or Application to any third party.
  11. You must not engage in crawling, scraping, caching or otherwise accessing any content on the Website or Application via automated means, except with Shop A Docket’s written consent.
  12. You are solely responsible for your interactions with other users of the Website, Application or Services. You agree that The Business is not responsible for the conduct of any user.
  13. Nothing in these Terms is intended nor does create a partnership, agency, employment or fiduciary relationship between The Business and any user.
  14. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Website, Application and Services (as applicable) in the manner anticipated in these Terms. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with Website and/or Application and meets all relevant technical specifications necessary to obtain the benefit of the Website and/or Application.
  15. The Website and/or Application may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to The Business accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Website and/or Application. The Business is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

    16. REGISTRATION
  16. You may need to be a registered Business member ("Member") in order to use or access some parts of our Website, Application or Services. In order to become a registered Business Member, you must register an account in the manner required and as set out in these Terms.
  17. The Business reserves the right to refuse or cancel registration of an account for any reason in its sole discretion. Any decision of The Business is final and no correspondence will be entered into.
  18. You agree that the membership details and all information you provide when completing the registration form is accurate and complete. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
  19. You may never use another’s account without their permission. You are responsible for maintaining the strict confidentiality of your account and for any activity under your account. You must immediately notify the Business of any unauthorised access to your account or other breach of security. It is your sole responsibility to control access to and use of your Account and to notify the Business when you desire to cancel your account. The Business will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
  20. The Business retains the right and absolute discretion to terminate your account and/or access to the Website, Application or Services (or any element thereof) if it believes that you are abusing or tampering with the Website, Application or Services (or any element thereof) in any way, that you have breached these Terms, or that you have engaged in any unlawful or other misconduct calculated to jeopardise the proper administration of the Website, Application or Services (or any element thereof). The business’s legal rights to recover damages or other compensation from such an offender are reserved.
  21. The use of any automated software or any other mechanical or electronic means allowing a user to create accounts is prohibited. The Business reserves the right to suspend or terminate your account if it believes you are engaging in such activity.
  22. If you elect to use our Website, Application or Services at work or use a workplace email address for your registration, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.

    23. PRIVACY
  23. Our Privacy Policy and Collection Statement explains how we collect, use, protect and disclose any personal information you give us when you use our Website, Application and Services and how we obtain your consent to send you electronic messages. By using the Website and/or Application you agree that we can collect, use and disclose your data and personal information in accordance with our Privacy Policy and Collection Statement.

    24. PROMOTIONS AND INFORMATION ON OUR WEBSITE & APPLICATION
  24. The Business is a promotional aggregator and advertiser that provides users with access to coupons, offers and discounts on products and services offered by third party vendors ("Partners") as well as our own goods and services. Offers include:
    1. Coupons and offers from our Partners;
    2. Rewards offers from us and our Partners; and
    3. Competitions and games, (each an "Offer" and together "Offers").
  25. While we endeavour to update information that is on our Website and Application on a timely basis, we shall not be liable for any delays in the update of Offers advertised.
  26. We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons, Offers or other promotions or other materials contained on, distributed through, linked, downloaded or accessed from our Website and/or Application where they originate from our Partners and not from The Business directly.
  27. We communicate Offers provided to us by our Partners and have no control over, and make no representation about the accuracy of Offers from our Partners including their currency, content (including price and availability), quality, copyright compliance or legality. Offers are subject to their prevailing terms and conditions.
  28. Offers are open to residents of Australia only, unless otherwise expressly stated.
  29. Any reference, search result, information or hyperlink ("Advertisement") The Business makes available or gives about a Partner’s Offer, its trademarks, products, promotions or services does not indicate, expressly or impliedly, Shop A Docket’s endorsement, sponsorship or recommendation of that Partner, the Offer, or of the quality of any product or service obtained by you from the Partner as a result of that Advertisement.
  30. In the event of any inconsistency between these Terms and the prevailing terms and conditions for a particular Offer, the prevailing Terms and Conditions of the particular Offer shall prevail.

    31. COMPETITIONS AND GAMES
  31. The Business may include areas on the Website or Application where users may participate in competitions, promotions and/or games (Competitions), including the Swipe and Win or similar game available via the Application. All Competitions are subject to their prevailing terms and conditions (including, in relation to the Application Swipe & Win Game, additional conditions included at Appendix A) and applicable laws and you agree to be bound by the applicable Competition terms and conditions and any other rules specified from time to time.
  32. The business’s decisions in relation to all Competitions are final and no correspondence will be entered into.

    33. THIRD PARTY SITES AND TRANSACTIONS
  33. By clicking on the advertising banners, sponsor links or other external links from the Website and/or Application, your browser may automatically direct you to a browser window that is not hosted or controlled by the business. Links to external websites are provided within the content of the Website and/or the Application as a convenience to users.
  34. External links do not indicate, expressly or impliedly, that we endorse these sites or the products or services offered on them and The Business makes no representation regarding the availability, content and performance of any website to which we provide links.
  35. The Business is not responsible for the content of any linked sites, whether or not The Business is affiliated with them. To the extent that these linked sites collect personal information or contributions from you, The Business shall bear no responsibility or liability for the manner in which such personal information or contributions are collected, used or exploited.
  36. The Business may monetise some links to third party websites through the use of third party affiliate or other negotiated commercial programs. Notwithstanding such programs, The Business has no influence or control over such linked sites.
  37. You access external sites and use products or services offered on those sites at your own risk.
  38. Any correspondence, business dealing, participation in a promotion or other contact with a third party, initiated through the Website, Application or Services is between you and that third party and excludes Shop A Docket. This includes payment and delivery of goods and services and any other term, condition, warranties or representation associated with such dealings.
  39. To the extent permitted by law, you assume all risks arising out of, or resulting from, a transaction with a third party and agree that The Business is not liable for any loss or damage you suffer.

    40. INDEMNIFICATION
  40. You agree to indemnify, and must defend and hold harmless, The Business and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or Application):
    1. your access to the Website, Application and/or Services;
    2. your breach of these Terms or any of the warranties or covenants given or made by you;
    3. any claim by any third party arising directly or indirectly from you breach of any of the provisions of these Terms;
    4. any claim or allegation that any content you upload infringes a third party’s rights, including intellectual property rights.
    5. your violation of any applicable laws, rules or regulations; and
    6. any misrepresentation made by you.

    LIABILITY
  41. This entire clause does not apply to any Consumer Guarantee under the Australian Consumer Law and does not apply to any liability of Shop A Docket’s for failure to comply with a Consumer Guarantee under the Australian Consumer Law. Whilst The Business endeavours to take all reasonable steps to ensure that the Website, Application and Services operate as expected, the Website, Application and Services and their entire contents are provided on an "as is" and "as available" basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. The Business disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. The Business does not make any guarantees and does not provide any undertaking that the Website, Application and Services will be available at all times or that they will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use the Website, Application and Services at your own risk and that The Business disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Website, Application or Services, whether they are direct or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to your device or that results from accessing, installing, updating or using the Website, Application or Services. You assume total responsibility for your use of the Website, Application and Services, including compliance with all applicable road rules and regulations. Subject to the Consumer Guarantees, your sole remedy against The Business for dissatisfaction with the Website, Application or Services or any content is to stop using the Website, Application or Services or such content. This limitation of relief is a part of the bargain between the parties.
  42. If the supply of any goods or services by The Business constitutes a supply of goods and/or services to a Consumer then subject to the limitation to this clause below and unless the goods and/or services are Consumer Goods or Consumer Services, Shop A Docket’s and its affiliates' and related entities', its servants', employees' and agents' liability for any breach of these Terms, including any liability for any losses or consequential losses which you may suffer or incur because of a failure to comply with a Consumer Guarantee will be limited as The Business may elect in its sole discretion, in the case of services supplied or offered by Shop A Docket, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by Shop A Docket, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired. This clause does not apply if it is not Fair or Reasonable for The Business to rely on it.

    43. In these Terms:
    Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

    Consumer has the same meaning as given in section 3 of the Australian Consumer Law;

    Consumer Goods means 'goods of a kind ordinarily acquired for personal, household or domestic use or consumption', as that expression is used in section 3 of the Australian Consumer Law;

    Consumer Guarantee means a Consumer Guarantee applicable to these Terms under the Australian Consumer Law, including any Express Warranty;

    Consumer Services means 'services of a kind ordinarily acquired for personal, household or domestic use or consumption', as that expression is used in section 3 of the Australian Consumer Law;

    Express Warranty has the same meaning as given in section 2(1) of the Australian Consumer Law;

    Fair or Reasonable means 'fair or reasonable' for the purposes of section 64A of the Australian Consumer Law.
    MONITORING
  43. The Business reserves the right to monitor the Website, Application and Services generally and all account activity. If your account shows signs of fraud, abuse or suspicious activity, The Business may close or freeze the account immediately. The Business retains the right and absolute discretion to suspend or terminate your account, and/or access to the Website, Application and Services generally without notice if The Business believes you have abused any privilege accorded to you as a user, supplied misleading information or made any misrepresentations to The Business in connection with the Website, Application or Services, tampered with the Website, Application or Services in any way, breached these Terms, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Website, Application or Services. In the event of termination or suspension of your account in accordance with these Terms, you will have no further access to your account for the duration of the suspension or at all in the event of termination. Shop A Docket’s legal rights to recover damages or other compensation from you are reserved.

    44. INTELLECTUAL PROPERTY
  44. The Website, Application and all associated materials owned, developed or licensed by The Business and made available via the Website, Application or Services ("The Business Materials") are protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted and may not be used except as permitted in these Terms. Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership rights in any intellectual property rights in the The Business Materials to any user.
  45. All right, title and interest in all intellectual property rights in all of Shop A Docket’s brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Website, Application or Services (the "Brand Features") are the property of The Business and will remain or be vested in The Business at all times. Your use of the Website, Application or Services will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Website, Application or Services. Shop A Docket, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Website, Application and/or Services.
  46. The Business company name, design marks, branding, logos and slogans are trademarks and service marks of Shop A Docket.
  47. Our Website and Application displays some content and other Partner brands, logos and images that is not the property of the Business. This content is the sole responsibility of the Partner that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership rights in any intellectual property rights in such Partner content to any user.
  48. You may not use content from our Website and/or Application unless you obtain permission from its owner or are otherwise permitted by law.
  49. The Business may provide areas on the Website, Application or otherwise via its Services where users are able to upload content or other material. You agree that The Business is not responsible for and does not endorse any content posted by users of the Website, Application or Services. The Business does not have any obligation to pre-moderate, monitor, edit or remove any such content. If your content violates these Terms, you bear legal responsibility for that content.
  50. You hereby grant to The Business(and its agents and service providers) a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use, host, reproduce, modify and creative derivative works of any content you upload to the Website, Application or otherwise using the Services for the purpose of operating, promoting and improving the Website, Application and/or Services and marketing and promoting The Business and its products and services) or any Partner in any manner, without further notification to or consent of you or any compensation payable to you. Such licence continues even if you stop using the Services.
  51. You warrant, represent and covenant that any content you upload to the Website, Application or otherwise using the Services will not contain anything that:
    1. is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
    2. is copied or adapted either wholly or substantially from any other work or material;
    3. is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
    4. parodies, disparages or makes fun of The Business or its products of services generally in any way;
    5. solicits passwords or personal information for commercial or unlawful purposes or from any person under the age of 18 or provides any telephone numbers, street addresses, last names, URLs or email addresses;
    6. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
    7. contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
    8. contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
    9. is an opinion or view not genuinely held by you;
    10. advertises or offers to sell of buy any goods or services for any business purpose that is not specifically authorised by the Business;
    11. contains any viruses of computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or equipment;
    12. involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam;
    13. infringes the privacy rights, contract rights or other rights (including intellectual property rights) of any person, corporation or entity; or
    14. in respect of receipts submitted via the Application, has been knowingly tampered with or is non-eligible under Appendix B.

    GENERAL TERMS
  52. These Terms are governed by and are to be construed in accordance with the laws of the State of Queensland, Australia and the parties submit to the jurisdiction of the courts of Queensland, Australia and any courts competent to hear appeals from those courts.
  53. If the Website, Application or Services are not capable of running as planned for any reason beyond the reasonable control of the Business, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Website, Application or Services, or if any social media platform or third party software provider alters its terms of service, access or permission in such a way that affects the Website, Application or Service, The Business reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Website, Application and/or Services.
  54. If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

    55. CONTACTING US
  55. You may contact us via:

    56. Mail:

    PO Box 300 Chirn Park QLD 4215

    Email:

    info@

APPENDIX A – APPLICATION GAME TERMS

THE BUSINESS SWIPE AND WIN, SPIN AND WIN and other Similar BLANKET PROMOTIONS

TERMS AND CONDITIONS

  1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The Promoter is The Business
  3. Entry is only open to Australian residents aged 18 years or over with a compatible mobile device.
  4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex- spouse, de-facto spouse, child or step-child (whether natural or by adoption).
  5. To be eligible to enter, an eligible individual must complete the following steps during the Promotional Period:
    1. Download and install the ‘Business” mobile Application (the “App”). The App is a free mobile application available for download from the Apple App Store (Apple devices) or Google Play (Android devices); and then
    2. Open the App and register their details.
  6. Once they have registered, an entrant can undertake one (1) or more of following steps, by following the prompts within the App, in order to receive a ‘star’ for the chance to win an instant prize:
    • When an entrant opens the App they will be allocated between two (2) to five (5) stars. Limit of two (2) to five (5) stars per day for opening the App, as determined by the Promoter in its absolute discretion;
    • An entrant can message a friend via the app. The friend will receive the message and a unique link. If the friend chooses to download the App and registers their details using the link, the entrant will be allocated between two (2) and ten (10) stars, as determined by the Promoter in its absolute discretion. If the friend chooses not to download the App and register their details, their details will not be collected or held by the App or the Promoter. Entrants should only message friends who have consented to receiving messages of this nature from them;

      • The entrant must follow the steps outlined within the App. Entrants will be notified instantly on screen, once they have Played, whether or not they have won an instant prize in respect of that Swipe And Win or Spin and Win.

  1. The entrant must follow the steps outlined within the App. Entrants will be notified instantly on screen, once they have Played, whether or not they have won an instant prize in respect of that Swipe And Win or Spin and Win.
  2. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any entrant who the Promoter has reason to believe has breached any of Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  3. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  4. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the promotion result or any other decisions the Promoter makes in connection with the promotion.
  5. Any ancillary costs associated with redeeming the prize are not included.
  6. Subject to the unclaimed prize draw clause, if for any reason a winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  7. If a prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  8. Prize/s, or any unused portion of a prize, are/is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  9. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  10. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to the instructions of any regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  11. Any cost associated with accessing and using the App is the entrant’s responsibility and is dependent on the Internet service provider used.
  12. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any unclaimed instant win prizes over $50 that are part of the advertised total prize pool will be awarded in the unclaimed prize draw. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
  13. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, the Promoter (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  14. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
  15. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.gmilink.com. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. Unless specified otherwise, the Promoter may disclose entrant’s personal information to any entity outside of Australia (see Promoter’s Privacy Policy for details).