Terms & Conditions

Part 1: Tuned. R34 GTR Giveaway
Part 2: Tuned. Giveaways Website
Part 3: Membership / Subscription

Part 1: Tuned. R34 GTR Giveaway

PART A: Competition Schedule

  1. Competition Name: Tuned. R34 GTR Giveaway
  2. Promoter: Tuned. Giveaways Pty Ltd (ACN 668 999 853, ABN 59 668 999 853, Contactable via phone at 0451 518 973 OR 0450 544 514& mail at PO BOX 3673, Rouse Hill, NSW 2155.
  3. Entry Requirements: Entrants must be at least 18 years of age, must reside in the Territories and must purchase a membership pack or discount pack via the Promoter’s website located at https://tunedgiveaways.com(Website):

(a) The membership pack gives the purchaser access to special discounts and invitations to VIP events (Membership Pack). The Entrant will receive a number of entries in the Competition as set out on the Membership Pack page, depending on the Membership Pack purchased. For each month that the Entrant chooses to continue their membership, they will receive extra entries into the Competition, as set out on the Membership Packages page.

(b) Alternatively, entrants may purchase a discount pack (Discount Pack). Four tiers will be offered under the Discount Packs. Each tier will scale in the number of tickets and will allow for temporary access to special discounts. Each Discount Pack will also give the purchaser free entries into the Competition, as set out on the Discount Pack page.

  1. Maximum entries: 2,000,000
  2. Number of winners: There will be a maximum number of 1 Winner.
  3. Territories: Australia-wide, excluding South Australia.
  4. Promotion Period: Competition commences 8:00PM on Saturday 13th April 2024 and ends at 3:15PM on Saturday 25th May 2024.
  5. Prizes:

(a) One (1) Winner will receive one (1) Tuned. R34 GTR Giveaway;

For the purposes of this Competition, the total prize pool is estimated to be no more than $195,000. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.

  1. Prize date and selection of winner: Entries will be compiled and placed into a digital random name picker at Sydney Dragway – Ferrers Road, Eastern Creek, NSW 2766 where Winner will be randomly drawn. The Winner will be drawn at 3:45PM AEST on 25 May 2024.
  2. Publication of winner: Winner will be personally notified by email within 7 days of the draw. Winner will also be announced online at https://tunedgiveaways.com  within 7 days of the draw, and published and/or live streamed on the Promoter’s social media platforms.
  3. Winner eligibility: To be eligible to win, the Entrant’s details provided to us must contain correct and accurate information. Employees of the Promoter and direct family members of employees of the Promoter are not eligible to win. Employees means any of the following across Company: Tuned. International (ABN 87 662 590 703) or Tuned. Giveaways (ABN 59 668 999 853) – official employees, volunteers who have passed trial period & have worked any the past 3 events prior to their ticket purchase. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. Your spouse includes another person (of any sex) who: you were in a relationship with that was registered under a prescribed state or territory law. although not legally married to you, lived with you on a genuine domestic basis in a relationship as a couple, or you are formally identified to the public as a couple.
  4. Prize Delivery: Prizes will be delivered to the Winnerto their nominated address and transferred to the Winner in the manner determined by the Promoter, within 30 days of confirmation of the Winner’s eligibility or within such time frame as otherwise agreed between the Promoter and the Winner. The Promoter will pay for the delivery of the Prize to the Winner’s nominated address. The Promoter is providing vehicle prize to the winner as an unregistered vehicle, prepared & intended for track or show purposes. If the winner desires to prepare the vehicle for road use, Promoter is not responsible for covering costs such as, but not limited to, vehicle registration, stamp duty, ensuring the vehicle is in a roadworthy condition, roadworthy related fees or insurance fees.
  5. Delivery of the vehicle (Delivery) is taken to occur at the time that the vehicle is delivered to your nominated address by the Promoter or its nominated carrier. Risk and title to the vehicle passes to winner upon Delivery.

PART B

  1. Information on how to enter and information provided in Part A form part of these terms and conditions and by entering into this Competition, each Entrant is deemed to have accepted and understood these terms and conditions. The Entrant agrees that these terms and conditions constitute all of the terms and conditions between the Entrant and the Promoter governing this Competition.
    Participation
  2. To enter, Entrants must meet all of the Entry Requirements to enter the Competition as set out in the Schedule. The Entrant warrants and represents to the Promoter that it meets all of the Entry Requirements.
  3. Entry is open to residents of the Territories.
  4. The Competition will be open during the Promotion Period. All eligible entries must be received by the Promoter during this time. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the Entrant.

Selection of Winner

  1. The Winner will be selected by random draw, on the dates and at the location outlined in Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be ineligible to win.
  2. Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions.
  3. If for any reason, a prize or element of a prize is unclaimed by the Winner within 3 months of the drawing date despite reasonable steps by the Promoter to contact the Winner, the prize will be re-drawn at 2:00pm AEST the following Friday, in the same manner and at the same place as paragraph 5 or in accordance with requirements of the NSW Office of Gaming, Liquor and Racing.
  4. The Entrant is solely responsible for ensuring that it is eligible to be a Winner, and the Promoter will not be in any way liable to an Entrant, should the Entrant be found to be ineligible to win the Competition.

Prizes

  1. Prizes are provided on an “as is” basis and the Promoter will not make any modifications to the Prizes at the Winner’s request.
  2. The Promoter is providing vehicle prize to the winner as an unregistered vehicle, prepared & intended for track or show purposes. If the winner desires to prepare the vehicle for road use, Promoter is not responsible for covering costs such as, but not limited to, vehicle registration, stamp duty, ensuring the vehicle is in a roadworthy condition, roadworthy related fees or insurance fees.
  3. The Promoter will not be liable for any delivery of prizes to a wrong address or account due to any error by the Winner.
  4. If the Winner claims a prize but is found to be in eligible or if the Winner does not provide valid delivery details within the time frame specified by the Promoter, the Winner forfeits the Prize and it will not be re-drawn.
  5. The Promoter will not be liable for re-drawing or providing a replacement prize for any Prizes that are not received by the Winner due to being lost in transit, stolen or due to any failure to accept delivery by the Winner or due to any error in details provided by the Winner.
  6. The Prizes may contain goods or services from 3rd party brands. Unless otherwise specified, the provision, advertisement or offer of prizes from a 3rd party brand does not constitute any sponsorship, approval or endorsement of the good, service, content, policies, practices or services offered by those parties.
  7. Where a Prize is specified to be delivered directly from the 3rd party prize supplier, as a condition of entry, the Winner agrees that its details may be provided to the 3rd party prize supplier by the Promoter on its behalf for the purpose of delivery of the Prize to the Winner.
  8. The Entrant is responsible for seeking their own independent financial advice regarding the tax implications relating to the prize or acceptance of the prize.
  9. The Winner agrees to send a photo to the Promoter evidencing their receipt of the vehicle within 10 days of delivery/collection of the car, for the purposes of marketing and proof of delivery (Confirmation Photo). For the avoidance of doubt, the Winner consents to the Promoter using the Confirmation Photo for marketing purposes, unless such consent is explicitly withdrawn by the Winner.
    Personal information
  10. As a condition of entering this Competition, Entrants agree to provide personal information to the Promoter. Personal information collected during the course of this Competition will be dealt with in accordance with the Promoter’s Privacy Policy, located at https://tunedgiveaways.com/privacy-policy/. Personal information submitted may be provided to third parties for the purpose of administering this Promotion and distributing the prizes, including to agents, contractors and prize suppliers. The Promoter may also use this personal information to contact you regarding, marketing, offers or Promotions from time to time.
  11. As a condition of entry, each Entrant agrees that the Promoter may use their name (either in full or in part), likeness, voice and image (including any photograph and film) in any marketing and promotion of any products manufactured, distributed and/or supplied by the Promoter, for an unlimited period of time and the Winner will not be entitled to any fee for such use.
    Intellectual property
  12. By uploading, publishing, transmitting or making available any data, content or other material in connection with this Competition (Entrant Content), the Entrant agrees to grant the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.
  13. The Entrant warrants and represents that:
    (a) it holds all the intellectual property rights to the Entrant Content;
    (b) it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and
    (c) the Promoter’s use of the content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party.
  14. The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest extent of the law, the Promoter shall not be liable in any way for such Entrant Content.

Reservation of rights

  1. The Promoter reserves the right to request each winner to provide proof of identity or proof of residency at the address specified in their submission in order to claim a prize. Proof of identification and residency is at the absolute discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize and no substitute will be offered.
  2. The Promoter may, in its absolute discretion, modify or cancel the Competition and may administer this Competition in the manner that it considers appropriate in accordance with Australian law, including where the Competition is not capable of running as planned, such as where there has been infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of the Competition.
  3. The Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or is suspected by the Promoter to have:

(a) breached any of these terms and conditions;
(b) tampered with the entry process or the Competition;
(c) engaged in any unlawful conduct;
(d) engaged in any other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition or the reputation of the Promoter.
Instagram terms

  1. The Competition is in no way sponsored, endorsed or administered by, or associated with http://www.instagram.comand its related mobile application, both being owned by Instagram, Inc. (Instagram).
  2. The Entrant agrees that it releases Instagram from any and all liability to the Entrant arising out of or in connection with the Competition.
  3. The Entrant must not:

(a) harass or bully any other person, use offensive language, use language that defames the Promoter, or use language that negatively impacts or intends to negatively impact the reputation of the Promoter;
(b) use electronic programs, bots or similar technology to automatically submit entries;
(c) use multiple Instagram accounts to enter the Competition; or
(d) tag other accounts owned or controlled by the Entrant to enter the Competition and agrees that it will only tag genuine friends or family in their entry,
and the Promoter reserves the right to disqualify any Entrant or Entry that breaches these terms and remove any such entries from the Competition.

Exclusion of liability

  1. The Promoter will not be liable for any late, lost or misdirected entries including due to technical disruptions, delayed or misplaced postage, network congestion or for any other reason. To the maximum extent permitted by law, the Promoter will not accept any liability for any error, omission or failure to administer this Competition.
  2. Except for any liability that cannot be excluded by law, all Entrants release, and indemnify and hold harmless the Promoter (including its officers, employees, agents and contractors), from and against, all liability (including negligence), actions, claims, costs, losses or expenses arising out of or in connection with: any act, omission, negligence, fraud, wilful misconduct or breach of these terms and conditions by the Entrant, its nominees or agents and the Entrant or Winner’s acceptance of, use of or attempted use of any prize(s) and participation in the Competition, including (but not limited to) loss of income, damage to property and personal injury whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
  3. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and contractors) excludes 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 Competition, including, but not limited to, where arising out of the following:

(a) inaccurate or incorrect transcription of entry information;
(b) any technical difficulties or equipment malfunction, malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software (whether or not under Promoter ’s control);
(c) the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
(d) any theft, unauthorised access or third party interference;
(e) electronic or human error which may occur in the administration of the Competition;
(f) any variation in prize value as stated in the Schedule;
(g) any tax liability incurred by a Winner or Entrant;
(h) redemption or use of a prize; and
(i) any act or omission, deliberate or negligent, by the Promoter, or its employees or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a Winner and, where applicable, to any family/persons accompanying a Winner.

  1. To the maximum extent permitted by law, the Promoter’s total aggregate liability to the Entrant under or in any way connected with these terms and conditions and the Competition, or the performance or non-performance of these terms and conditions is limited to an amount equal to any amounts paid by the Entrant to the Promotor in the three (3) month period immediately preceding the date on which the relevant claim arose, which may be zero.

General

  1. These terms and conditions are governed by and will be construed under the laws of New South Wales and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales and its appellate courts.
  2. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  3. Capitalised terms used throughout these terms and conditions are defined in the Schedule unless specified otherwise.
  4. Authorised under NSW Permit No. TP/02792, ACT Permit No. TP24/00464

 

Part 2: Tuned. Giveaways Website

Last updated: 17 March 2024 

  1. Introduction

By using this website (located at?http://www.tunedgiveaways.com), any related websites or URLs, social media platforms owned or operated by us (Sites) and using our Services, you agree to be legally bound by these Terms and Conditions (Terms). 

By agreeing to these Terms, you are entering into an agreement with Tuned. Giveaways Pty Ltd (ACN 668 999 853) trading as Tuned. Giveaways, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Tuned. Giveaways or we or us). 

By accessing or using our Services, you warrant and represent to us that: 

(a) you have read, understand and agree to be bound by these Terms; 
(b) you are over the age of 18 years; and 
(c) you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms. 

All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy and our Membership Terms, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services. 

  1. Use of the Services

    You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your account or internet connection are aware of and compliant with these Terms. 

You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others. 

We reserve the right to add, change, modify, suspend or discontinue at any time any portion of the Services or access to the Site, in our sole discretion. We may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in our sole discretion without notice to you. 

Details and marketing emails 

When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us. 

You consent in advance to be contacted (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy. 

Your Conduct 

You agree that you will not: 

(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of the aforementioned categories; 
(b) disclose or share your password or login information for the Services with any party; 
(c) use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user’s use of the Services; 
(d) copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only accurate and current photos), name, age, identity, affiliation, connection or association with any other person or entity; 
(e) use the Services to promote or solicit involvement in or, support of a political platform, religion, cult, or sect; 
(f) post a person’s personal information or images without express permission; 
(g) solicit or engage in any illegal or unlawful activity; 
(h) use the Service to redirect users to other websites or encourage users to visit other websites; 
(i) use the Service for any phishing, trolling or similar activities; 
(j) defraud, scam, hack, swindle or deceive other users of the Services; 
(k) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities; 
(l) circumvent, disable or otherwise interfere with security-related features of the Services or features that determine whether you are acting in accordance with the Terms; 
(m) attempt to access any Services or area of the website that you are not authorised to access; 
(n) allow third parties to access and use the Services via your account; 
(o) collect or solicit another person’s personal information or images for commercial, inappropriate or unlawful purposes; 
(p) use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions; 
(q) embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation; 
(r) use any kind of code, program or device containing reference to Tuned. Giveaways or the Services in order to direct any person to any other website for any purpose; 
(s) resell, rent out or make any commercial use of the Services; 
(t) use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services; 
(u) attempt to mislead others as to the origin of any information through the Services by copying, forging or manipulating identifiers such as headers, footers or signatures; 
(v) use automated methods or processes to use or access the Services or create user accounts; 
(w) attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services; 
(x) cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Services or other users of our Services; or 
(y) use the Services other than for their intended purpose. 

User accounts 
To access and use the Services, you may be required to register for a user account. 

You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password. When you register an account with us, please note that your Personal Information will be accessible by us in accordance with our Privacy Policy. 

You agree that User Content you provide to us may be made publicly accessible to third parties, including other users or visitors of the Services. You agree that we are not liable to you for the use or access of User Content by third parties and Payment Gateways. 

We retain the right to screen and verify you or your business and identity in our sole discretion. You agree to submit to such screening and to provide to us, at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, copies of photo identification (such as drivers licence and passport) or other identifying documentation. 

You understand that we may, in our absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, Subscription or Membership at any time and for any reason, without notice to you, including if it is found that you have, or are suspected of, violating these Terms. 

  1. User Content

Licence to use User Content 

Our Services may provide you with the opportunity to submit User Content. Please note that your name and location submitted on the Services may be publicly displayed on the Service and other users will have access to this information may use it or share it with third parties. If you choose to voluntarily disclose any other information in your use of the Services, that information will be considered public information and the protections of our Privacy Policy may not apply. 

You agree that you are responsible for your access to our Services and for ensuring that any persons who may access the Services through your internet connection are aware of and compliant with these Terms. 

By providing or sending to us, uploading, publishing, transmitting or making available any data, content or other material to us (User Content), you agree to grant us, ours affiliates, licensees and successors, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub- licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution, including for the purpose of completing your Order. 

You agree that User Content you provide to us may be made publicly accessible to third parties, including other users or visitors of the Services. You agree that we are not liable to you for the use or access of User Content by third parties. 
By uploading, publishing, transmitting or making available any User Content to us, you warrant and represent to us that: 

(a) you hold all the intellectual property rights to the User Content and have the authority to upload or make available the User Content and licence the User Content to us; 
(b) our use of the User Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party; 
(c) any User Content you associate with the Services or send to other users is accurate, complete, not false and not misleading; 
(d) the disclosure and use of the User Content to us will not cause harm to any other user or third party, or violate their rights including any patent, trade mark, trade secret, copyright or other intellectual property or proprietary right (such as User Content that contains copyrighted material without permission) or right to privacy; 
(e) our use of the User Content will not breach the security of the Services or our users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content; 
(f) the disclosure and use of the User Content by us does not violate these Terms or other policies, or any applicable law, rule or regulation; 
(g) the User Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content; 
(h) the User Content does not promote or cause harm or intimidation of any kind against any group or individual; 
(i) the disclosure and use of the User Content by us does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights; 
(j) the disclosure and use of the User Content by us will not bring Tuned. Giveaways or the Services into disrepute; and 
(k) the User Content does not contain, promote or enable illegal or unlawful activities. 

Our rights and liability in relation to User Content 

We retain the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit User Content. However, we are not obliged to do so. 

You agree that we may require you to remove, amend or delete User Content and that you must comply with such requirement within one day’s written notice to you. 

You acknowledge and agree that we do not control, take responsibility for, or assume any liability for, any content submitted by you, or other users of the Services or any third parties, and that we are not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You agree to release us and our agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted. 

  1. Orders and cancellations

You agree that any purchase of goods and services through our Services including Discount and Membership Packages (Goods) is subject to these Terms. 

Orders 

An Order is accepted upon the latter of the following to occur: 

(a) you have submitted your Order; 
(b) you have paid the purchase price in full, including any taxes, duties and shipping costs; and 
(c) we have issued an Order confirmation. 
By placing an Order, you are making an offer to purchase those Goods for the purchase price (including the delivery and other charges and taxes) specified at the time that you place your Order. 

We reserve the right to: 

(a) accept or reject your Order or a part of your Order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in Goods or pricing information, where fraud is suspected, or where there is an error in your Order; 
(b) request identification from you, including photo ID or any other such documentation for verification purposes before we process your Order; 
(c) cancel an Order at any time, for any reason; or 
(d) restrict the quantity or total value of Goods available for purchase to each person or address. 

Where we exercise the rights above, we will notify you by email and suggest an alternative goods, remove an item from an Order or provide a refund of the purchase price where applicable and we shall not be liable for any loss or damage whatsoever arising from such acts. 

Cancellations 

Please note that you cannot cancel or amend an Order once it has been placed, except as required by Australian Consumer Law. 

If you are entitled to cancel an Order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by us as a direct result of the cancellation (including, but not limited to, any loss of profits). 

  1. Prices and payment

Prices 

Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. 

Prices of Goods are current at the time of issue but may change at any time and are subject to availability. 

You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any Goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price. 

Payment 

Full payment for the purchase of Goods is required at the time of placing your Order, including the purchase price plus any applicable duties and taxes. 

Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full. 

Payment may be made by the methods and to the accounts specified or approved by us in writing. 

You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the Order. 

  1. Termination

Without prejudice to any other remedies, we may, in its absolute discretion, at any time and without notice to you: 

(a) terminate these Terms; and/or 
(b) terminate the Services or your access to the Services. 

To the maximum extent permitted by law, we will not be liable to you for any further loss or damage you suffer because we have exercised its rights under this clause or these Terms. 

  1. Intellectual Property

We own, control or licence all materials contained on, or in, our Services, including text, images, graphics, logos, designs, illustrations, audio, videos, music, user interfaces, photographs, trade marks, logos, coding or programming and artwork, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content contained in our Services (Tuned. Giveaways IP). 

Tuned. Giveaways IP is protected by copyright, trade mark laws, and various other intellectual property rights and unfair competition laws and must not be copied, imitated or used (in whole or in part) without our prior written consent. 

Access to and use of our intellectual property is granted to you on a limited, revocable, non- sublicensable licence, subject to these Terms. You agree that you will not: 

(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Tuned. Giveaways IP or our Services or cause or assist others to do so; 
(b) challenge our ownership of Tuned. Giveaways IP; 
(c) infringe Tuned. Giveaways IP; or 
(d) use or make any intellectual property that is similar to Tuned. Giveaways IP. 

You may access and use the information provided in our Services, on a limited, revocable, non- sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our prior written consent. 

Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of our intellectual property rights, whether by estoppel, implication or otherwise. We reserve all rights not expressly granted in the Services. 

  1. Privacy

You agree that we may, and that you expressly consent to, sending you emails regarding the Services, including any information regarding or relating to our Services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices. 

You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, Order confirmation/assistance, product offers and/or other promotional purposes) via the contact details you provide to us, including by phone, email or post (as applicable). 

  1. Unauthorised access and malicious materials

To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability. 

  1. Third Parties

Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Any third party services, content, information, and products that may be displayed on our Site are provided solely for the benefit of our paid users and we make no representations or warranties regarding any third party products, services and discounts. 

Links in the Services and/or Sites to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. 

Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites. 

  1. Limitation of Liability

To the maximum extent permitted by law, neither Tuned. Giveaways, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with: 

(a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services; 
(b) any use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period; 
(c) any errors in, or omissions from, the information contained in the Services; 
(d) any Services supplied by us; or 
(e) these Terms or any breach of these Terms. 

You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences. 

To the extent permitted by law, we expressly disclaim all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified. 
This clause survives termination of these Terms. 

  1. Disclaimer of Warranty

We provide the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither Tuned. Giveaways, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites. 

We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any products, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion. 

  1. Release and Indemnity

You agree to release and indemnify and hold us and (as applicable) our affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of services purchased or provided by us, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party. This clause survives termination of these Terms. 

  1. Amendments and correction of errors

We reserve the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to Orders placed prior to the publication of any varied terms. 

Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms. 

We reserve the right to amend any errors in the Services, including any pricing errors, and amend any information, at any time without notice to you. 

  1. General

Waiver: Any failure or delay by us in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent us from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms. 

Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Services. 

Severability: If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms. 

Relationship: These Terms do not confer an agency, partnership, joint venture, employee- employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise. 
Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms. 

Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Services, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms. 

 

Part 3: Membership / Subscription

Last updated: 17 March 2024 
 

  1. Introduction

By using this website (located at?https://tunedgiveaways.com), any related websites or URLs, social media platforms owned or operated by us (Sites) and our services, including making a purchase on the Sites, purchasing a subscription (Subscription) from us and use of our contact form (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms). 

By agreeing to these Terms, you are entering into an agreement with Tuned. Giveaways Pty Ltd (ACN 668 999 853) trading as Tuned. Giveaways, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Tuned. Giveaways or we or us). 

By accessing or using our Services, you warrant and represent to us that: 

(a) you have read, understand and agree to be bound by these Terms; 
(b) you are over the age of 18 years old; and 
(c) you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms. 
All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services. 

  1. Membership and One-Off Packages

We offer membership subscriptions (Subscription) which give you access to various discounts, and/or invitations to a variety of events, plus free entry into our giveaway(s) (Membership). 

If you wish to purchase a Subscription for continual monthly access to our discount partner reward program you may sign up for a Subscription via our Membership Page (Membership Package). There are several Membership Packages you may select from (Membership Tiers). 

The Subscription may be amended from time to time on our Membership Page and any changes will take place during the next billing cycle of your Subscription. You agree that we may update the Membership Tiers and Membership Packages at any time by updating the Membership Page and that any changes will apply to Memberships purchased, renewed or extended after the date of the publication of the new Membership details. If you do not agree to the updated terms, you must notify us before the end of your current billing cycle and your Access Pass will be terminated. It is your responsibility to check the Membership Page before the end of your Subscription term or Access Period. 

We also offer a one-off package which operates as a one-off short term membership with Tuned. Giveaways (One-Off Package) for a specified period of time (Access Period). For the avoidance of doubt, the One-Off Packages are not on-going and are solely a one-off purchase for access to special offers for the specific Access Period. 

By selecting the membership tier of chosen Subscription or One-Time Access Pass (Membership Tier) and paying the purchase price at checkout you will have access to all the benefits of your chosen Membership Tier for the Subscription duration or Access Period. 

Liability limited by a scheme approved under Professional Standards Legislation. 

To access and use your Subscription or One-Time Access Pass, you will need to register for an account with Tuned. Giveaways by completing your details at checkout from the Membership page. 

The fees for your Membership will be as selected by you, depending on the Membership Tier at checkout, and once purchased the fees will be as specified on your Account Dashboard, plus any applicable taxes or duties which may be the Monthly Access Fee or the One-Time Access Fee (Fees). 

Subject to you paying the Fees, your Membership will commence once you have paid the Fees and will continue for the Access Period (or monthly in the case of Subscriptions on a monthly basis whilst you continue to pay the Subscription Fee). 

Each Membership Tier provides you with access to specific inclusions for a specified period of time as set out on the Membership Page. If you reach the limit of such inclusions, you will be prompted to upgrade your Membership Tier in order to obtain additional inclusions. If you select to upgrade your Membership Tier, you agree to the new Fees and inclusions notified to you at the time of such upgrade and the renewal period will be based on the upgraded Membership Tier. 

If you selected One-Time Access Pass and you either upgrade to a Subscription or purchase another One-Time Access Pass before the expiry of your current pass then we will extend the expiry date of your then current One-Time Access Pass or it will roll into a Subscription. 

You agree that you are solely responsible for maintaining the confidentiality of your account details and credentials, including your password. 

Renewal and Payment 

Upon purchase of any Subscription, you authorise Tuned. Giveaways and our relevant payment processors (such as Stripe) to obtain payment from you for the Subscription (including, without limitation, ongoing membership fees plus relevant taxes and duties) on the date that you purchase your subscription and the anniversary of that date each month (or any other fixed day as amended by Tuned. Giveaways from time to time) (Renewal Date) and to store your payment information and any other information related to your payment or provision of the Services as outlined in our Privacy Policy. 

From time to time, Tuned. Giveaways may offer various payment methods, including without limitation, payment by credit card, by debit card, by mobile payment providers or by payment gateway websites. When you select to pay Tuned. Giveaways for a Subscription, you authorise Tuned. Giveaways to charge you through any payment method(s) you select when making your initial purchase and you agree to continue to make payments using that payment method for the term of your Subscription. 

The Subscription will be automatically renewed at the end of each Subscription Period for a further term of the same duration as the expiring Subscription term for our then-current Fee and/or in accordance with your Membership Tier or subscription details, unless terminated earlier in accordance with these Terms. 

You acknowledge and agree that your payment method will be automatically charged for such Fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your Subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorisation from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable Fees and you do not subsequently cancel your Subscription. 

You warrant and represent to us that at all times during the term of your Subscription Period you will ensure that we have valid and up to date payment details, including credit card details and you grant us the authority to automatically debit the Fees due to us from the payment methods you have provided to us, including credit card. The parties agree that this authority will remain in force until either party validly terminates these Terms. It is your responsibility to ensure that all charges processed are accurate. You agree that you will notify us within 30 days from a billing date if any charge is not accurate after which date you will be deemed to have accepted all charges and to have waived any claim regarding a disputed charge. 

You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or account numbers. 

Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us. Your non-termination or continued use of the Subscription reaffirms that we are authorised to charge your Payment Method. 

If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel your use of the Service without notice, including the right to delete your account and any content affiliated with the Service and you must pay us for any costs or expenses we incur due to or in connection with your non-payment or breach of these Terms, including but not limited to any legal, enforcement or collection costs and we may charge interest of 10% p.a. on any unpaid overdue amounts. 

  1. Pricing

Tuned. Giveaways reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all prices for Subscription are subject to change in our sole discretion provided that if you have signed up to a Subscription, we will notify you of any increase to the subsequent term no later than 10 days before the end of the then current term. 

If we do not notify you 10 days before the end of your then current term of any price increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Subscription at the price prior to the price increase for a period of 10 days following which you may terminate the Subscription with immediate effect (provide notice is received within the 10 days’ notice of the price increase) or continue the Subscription at the increased price. 
Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out. 

You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price. 

  1. Cancellation

You may cancel your Subscription at any time, at least two (2) business days’ prior to your next Renewal Date, on the Account Settings page. 

If you cancel your Subscription, your Subscription benefits will continue until the end of your then- current Subscription Term, but your Subscription will not be renewed after that term expires. Except in accordance with Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or if we cancel your Subscription without cause, you will not be entitled to a prorated refund of any portion of the Subscription Fees paid for the then-current Subscription Term. 

Tuned. Giveaways provides remedies (such as cancellation of your Subscription, a renewal of your Subscription or where necessary, a refund of amounts paid) if the Subscription is not provided in accordance with the Australian Consumer Law. 

  1. Discounts and events

By purchasing a Subscription, you may receive access to discounts, promotions and offers (Offers) and invitations to events (Events) from us or third party service providers (Service Providers). For the avoidance of doubt, we are merely a platform to provide you with access to the Offers and Events and do not manage or run the Offers or Events themselves, unless specified in writing. 

You acknowledge and agree that the Offers and Events are subject to their own terms and conditions as set out with the Offer or Event or by the Service Provider. 

You agree that, to the maximum extent permitted by law: 

(a) we are not liable for any information published or provided by any Service Providers; 
(b) we do not endorse any of the Service Providers or their goods/services; 
(c) the Service Provider is solely liable and responsible for the Offers and Events, the redemption of Offers, the operation and running of any Events and the provision of its goods/services; 
(d) you will direct any issues relating to the Offers or Events to the Service Provider directly; 
(e) we are not liable for any act, omission or negligence by any party in connection with the security and privacy of any information provided by you to a third party, including Service Providers; 
(f) we are not in any way liable for any punitive, special, indirect or consequential loss, damage or injury, loss of claim, costs incurred or paid by you, pursuant to or arising out of or in connection to any act, omission or negligence of any Service Provider including as a result of obtaining their goods/services, redeeming an Offer or attending an Event; and 
(g) we are not an agent for any Service Provider and have no responsibility or liability for the communications or conduct of such Service Provider, including but not limited to any fulfilment of an Offer, organisation or management of any Event or quality of the goods or services provided by a Service Provider. 

We reserve the right to deactivate, cancel or remove any Offer or vary, cancel or remove any Event, at any time and for any reason with written notice to you. 
You agree that the Service Provider may, in its sole discretion, reject the redemption of an Offer if your redemption of such Offer breaches the Offer’s terms and conditions or other policies set by the Service Provider. 
Offers cannot be transferred or redeemed for cash and are not legal tender. 

  1. Trade Promotions

If you make a purchase with us, whether it be a purchase of a Good or a Subscription, you may receive entries into a trade promotion conducted by us as specified at checkout. You acknowledge and agree that the relevant trade promotion is subject to its own terms and conditions as provided on the relevant giveaway page including eligibility requirements and agree to comply with such terms and conditions. 

Upon cancellation of your Subscription, your agreement to the trade promotion terms and conditions, and entries into the next trade promotion with a promotional period which commenced prior to your cancellation date, will still be valid until no longer applicable. 

We reserve the right to modify, suspend or terminate any trade promotions in our sole discretion. 

You acknowledge and agree: 

(a) that any and all disputes, claims and causes of action arising out of or in connection with your Subscription, any competition, contest, giveaway or trade promotion managed or operated by us (Competition) and any prizes, must be resolved individually without any form of class action; 
(b) that in addition to the limitation of liability in clause 14, any claims, judgments and awards will be limited to actual out-of-pocket costs incurred in entering into any Competitions, and under no circumstances will Tuned. Giveaways be liable for any legal fees; 
(c) to waive all potential rights to punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket expenses incurred in entering into or participating in any Competitions; and 
(d) in the event any Competitions are compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of Tuned. Giveaways, that corrupt or impair the administration, security, fairness or proper operation of any contests or competitions associated with the Subscription, Tuned. Giveaways reserves the right to suspend, modify or terminate your Subscription and/or your entry into such Competition. 

If you choose to participate in any Competitions and are selected as a winner, you agree that Tuned. Giveaways may use your name (either in full or part), likeness, voice and image (including any photograph) in any marketing and you will not be entitled to any fee for such use. You acknowledge and agree to this as a condition of entry to any Competitions. This clause survives termination of these Terms. 

  1. Your information, errors and access

Current Information Required 

You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date). 

Where your Payment Method is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your Payment Method, you agree to notify Tuned. Giveaways as soon as you become aware of the issue. Failure to provide such information to Tuned. Giveaways may result in charges to your current Payment Method for the Subscription, and you acknowledge that you remain responsible for these charges. 

Errors and Incorrect Payments 

Tuned. Giveaways reserves the right to correct any errors or mistakes that may result in incorrect payment for any Services, including your Subscription and may, in its absolute discretion, return or refund all or some of the amount of the payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made. 

Termination or suspension of your access or use of the Services 

You agree that Tuned. Giveaways may, in its sole discretion, immediately and without notice to you, terminate, limit your access to, or suspend your access or use of, the Services, including but not limited to by blocking your IP address or email and blocking, deactivating or deleting your Tuned. Giveaways account or terminating your licence to use Tuned. Giveaways intellectual property if you breach or become in breach of any of these Terms and Tuned. Giveaways shall be released from its obligations to you under these Terms and shall not be liable to refund to you any pre-paid Fees or for any loss caused to you by such action. If your Services have been terminated due to your breach, you agree that you will not create another Tuned. Giveaways account without the prior written consent of Tuned. Giveaways. 

You agree that Tuned. Giveaways may, in its sole discretion, immediately and with 5 days’ notice to you, terminate, limit your access to or suspend your access or use of the Services for any reason. Tuned. Giveaways may, at its election: 

(a) continue to provide your Subscription benefits until the end of your then-current Subscription Term, cease providing the Subscription after that term expires; or 
(b) immediately cease providing the Services or Subscription benefits and provide a prorated refund of any portion of the Fees paid for the then-current Subscription Term. 

  1. Orders and cancellations

You agree that any purchase made through our Services (Goods) is subject to these Terms. For the avoidance of doubt, your purchase of a Subscription constitutes a purchase of Goods. 

Orders 

An order is accepted upon the latter of the following to occur: 
(a) you have submitted your order; 
(b) you have paid the purchase price in full, including any taxes, duties and shipping costs; and 
(c) we have issued an order confirmation. 
By placing an order, you are making an offer to purchase those Goods for the price (including the delivery and other charges and taxes) specified at the time that you place your order. 

Tuned. Giveaways reserves the right to: 

(a) accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your order; 
(b) request identification from you, including photo ID or any other such documentation for verification purposes before we process your order; 
(c) cancel an order at any time, for any reason; or 
(d) restrict the quantity or total value of goods available for purchase to each person or address. 

Where we exercise the rights above, we will notify you by email and suggest an alternative goods, remove an item from an order or provide a refund of the purchase price where applicable and Tuned. Giveaways shall not be liable for any loss or damage whatsoever arising from such acts. 

Cancellations 

Please note that you cannot cancel or amend an order once it has been placed (except as required by Australian Consumer Law). 

In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Tuned. Giveaways as a direct result of the cancellation (including, but not limited to, any loss of profits). 

  1. Termination

You may terminate the Subscription by cancelling via the Account Settings and your Subscription will terminate at the end of your Subscription Period. 
Without prejudice to any other remedies, Tuned. Giveaways may immediately suspend or terminate the Services, or these Terms, or cease offering the Services, in its absolute discretion, at any time and without notice to you if: 

(a) you are in breach of any obligation (including those relating to payment) under these Terms which has not been remedied after seven (7) days written notice; 
(b) you have breached these Terms and that breach is not capable of remedy; 
(c) any money payable to Tuned. Giveaways becomes overdue, or in Tuned. Giveaways’ opinion, if you will be unable to make a payment when it falls due; 
(d) you become or are suspected to be, insolvent, convene a meeting with your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of your creditors; or 
(e) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any of your assets, and 
any amounts owing to Tuned. Giveaways at the time of the suspension or termination shall become immediately due and payable. 

Tuned. Giveaways may terminate these Terms at any time and for any reason on 30 days’ notice without the requirement to provide you with reasons. If Tuned. Giveaways terminates these Terms under this clause 9 then any pre-paid and unused portion of your Fees will be refunded, except as required by law, in no other instances will any Fees be refundable. Tuned. Giveaways will not be liable to you for any further loss or damage arising out of or in connection with Tuned. Giveaways exercising its rights under this clause. 

Tuned. Giveaways may suspend the Services and suspend your access to the Services or any part of the Services until any relevant Fees have been paid in full or until any breach of these Terms is remedied. 

Upon termination of these Terms, Tuned. Giveaways may immediately remove any access to the Services, disable the Services and/or delete your account and data. 

  1. Intellectual Property

All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to Tuned. Giveaways, and are protected by copyright, patent and trademark laws, and various other intellectual property rights. 

You may access and use the information provided in our Services, on a limited, revocable, non- sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Tuned. Giveaways. 

Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Tuned. Giveaways’ intellectual property rights, whether by estoppel, implication or otherwise. Tuned. Giveaways reserves all rights not expressly granted in the Services. 

  1. Privacy

You agree to allow Tuned. Giveaways to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices. 

  1. Unauthorised access and malicious materials

You must not attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services. You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Services or other users of our Services. 

To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability. 

  1. Third Parties

Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links in the Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites. 

Tuned. Giveaways make no representations or warranties regarding any third party goods or, services and discounts and takes no responsibility and assumes no liability for any third-party goods, services or discounts. Third-part goods, services and discounts are subject to the applicable terms and policies of the third parties that offer them. 

  1. Limitation of Liability

To the maximum extent permitted by law, neither Tuned. Giveaways, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with: 
(a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services; 
(b) any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period; 
(c) any errors in, or omissions from, the information contained in the Services; 
(d) any goods or services supplied by Tuned. Giveaways; or 
(e) these Terms or any breach of these Terms. 

You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences. 

To the maximum extent permitted by law, Tuned. Giveaways’ liability under these Terms shall be limited to any one or more of the following: 

(a) the replacement of the Goods or re-supply of equivalent goods or services; 
(b) the repair of such Goods or services; 
(c) the payment of the cost of replacing the Goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or 
(d) the payment of the cost of having the Goods repaired. 

To the extent permitted by law, Tuned. Giveaways expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified. This clause survives termination of these Terms. 

  1. Disclaimer of Warranty

Tuned. Giveaways provides the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither Tuned. Giveaways, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites. 

We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion. 

  1. Release and Indemnity

You agree to release and indemnify and hold Tuned. Giveaways and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the Tuned. Giveaways, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party. 
This clause survives termination of these Terms. 

  1. Amendments and correction of errors

Tuned. Giveaways reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms. 

Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms. 

Tuned. Giveaways reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you. 

  1. General

Waiver: Any failure or delay by Tuned. Giveaways in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Tuned. Giveaways from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms. 

Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Tuned. Giveaways will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods. 

Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms. 

Relationship: These terms do not confer an agency, partnership, joint venture, employee- employer or franchisor-franchisee relationship between Tuned. Giveaways and you or any other party unless expressly stated otherwise. 
Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms. 

Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Services, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.

 

Part 2: Tuned. Giveaways Website

Last updated: 17 March 2024

1. Introduction

By using this website (located at https://tunedgiveaways.com), any related websites or URLs, social media platforms owned or operated by us (Sites) and using our Services, you agree to be legally bound by these Terms and Conditions (Terms).

By agreeing to these Terms, you are entering into an agreement with Tuned. Giveaways Pty Ltd (ACN 668 999 853) trading as Tuned. Giveaways, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Tuned. Giveaways or we or us).

By accessing or using our Services, you warrant and represent to us that:

(a) you have read, understand and agree to be bound by these Terms;
(b) you are over the age of 18 years; and
(c) you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy and our Membership Terms, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.

2. Use of the Services

You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your account or internet connection are aware of and compliant with these Terms.

You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.

We reserve the right to add, change, modify, suspend or discontinue at any time any portion of the Services or access to the Site, in our sole discretion. We may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in our sole discretion without notice to you.

Details and marketing emails

When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us.

You consent in advance to be contacted (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy.

Your Conduct

You agree that you will not:

(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of the aforementioned categories;
(b) disclose or share your password or login information for the Services with any party;
(c) use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user’s use of the Services;
(d) copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only accurate and current photos), name, age, identity, affiliation, connection or association with any other person or entity;
(e) use the Services to promote or solicit involvement in or, support of a political platform, religion, cult, or sect;
(f) post a person’s personal information or images without express permission;
(g) solicit or engage in any illegal or unlawful activity;
(h) use the Service to redirect users to other websites or encourage users to visit other websites;
(i) use the Service for any phishing, trolling or similar activities;
(j) defraud, scam, hack, swindle or deceive other users of the Services;
(k) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
(l) circumvent, disable or otherwise interfere with security-related features of the Services or features that determine whether you are acting in accordance with the Terms;
(m) attempt to access any Services or area of the website that you are not authorised to access;
(n) allow third parties to access and use the Services via your account;
(o) collect or solicit another person’s personal information or images for commercial, inappropriate or unlawful purposes;
(p) use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;
(q) embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation;
(r) use any kind of code, program or device containing reference to Tuned. Giveaways or the Services in order to direct any person to any other website for any purpose;
(s) resell, rent out or make any commercial use of the Services;
(t) use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
(u) attempt to mislead others as to the origin of any information through the Services by copying, forging or manipulating identifiers such as headers, footers or signatures;
(v) use automated methods or processes to use or access the Services or create user accounts;
(w) attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services;
(x) cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Services or other users of our Services; or
(y) use the Services other than for their intended purpose.

User accounts
To access and use the Services, you may be required to register for a user account.

You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password. When you register an account with us, please note that your Personal Information will be accessible by us in accordance with our Privacy Policy.

You agree that User Content you provide to us may be made publicly accessible to third parties, including other users or visitors of the Services. You agree that we are not liable to you for the use or access of User Content by third parties and Payment Gateways.

We retain the right to screen and verify you or your business and identity in our sole discretion. You agree to submit to such screening and to provide to us, at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, copies of photo identification (such as drivers licence and passport) or other identifying documentation.

You understand that we may, in our absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, Subscription or Membership at any time and for any reason, without notice to you, including if it is found that you have, or are suspected of, violating these Terms.

3. User Content

Licence to use User Content

Our Services may provide you with the opportunity to submit User Content. Please note that your name and location submitted on the Services may be publicly displayed on the Service and other users will have access to this information may use it or share it with third parties. If you choose to voluntarily disclose any other information in your use of the Services, that information will be considered public information and the protections of our Privacy Policy may not apply.

You agree that you are responsible for your access to our Services and for ensuring that any persons who may access the Services through your internet connection are aware of and compliant with these Terms.

By providing or sending to us, uploading, publishing, transmitting or making available any data, content or other material to us (User Content), you agree to grant us, ours affiliates, licensees and successors, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub- licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution, including for the purpose of completing your Order.

You agree that User Content you provide to us may be made publicly accessible to third parties, including other users or visitors of the Services. You agree that we are not liable to you for the use or access of User Content by third parties.
By uploading, publishing, transmitting or making available any User Content to us, you warrant and represent to us that:

(a) you hold all the intellectual property rights to the User Content and have the authority to upload or make available the User Content and licence the User Content to us;
(b) our use of the User Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party;
(c) any User Content you associate with the Services or send to other users is accurate, complete, not false and not misleading;
(d) the disclosure and use of the User Content to us will not cause harm to any other user or third party, or violate their rights including any patent, trade mark, trade secret, copyright or other intellectual property or proprietary right (such as User Content that contains copyrighted material without permission) or right to privacy;
(e) our use of the User Content will not breach the security of the Services or our users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content;
(f) the disclosure and use of the User Content by us does not violate these Terms or other policies, or any applicable law, rule or regulation;
(g) the User Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content;
(h) the User Content does not promote or cause harm or intimidation of any kind against any group or individual;
(i) the disclosure and use of the User Content by us does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights;
(j) the disclosure and use of the User Content by us will not bring Tuned. Giveaways or the Services into disrepute; and
(k) the User Content does not contain, promote or enable illegal or unlawful activities.

Our rights and liability in relation to User Content

We retain the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit User Content. However, we are not obliged to do so.

You agree that we may require you to remove, amend or delete User Content and that you must comply with such requirement within one day’s written notice to you.

You acknowledge and agree that we do not control, take responsibility for, or assume any liability for, any content submitted by you, or other users of the Services or any third parties, and that we are not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You agree to release us and our agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.

4. Orders and cancellations

You agree that any purchase of goods and services through our Services including Discount and Membership Packages (Goods) is subject to these Terms.

Orders

An Order is accepted upon the latter of the following to occur:

(a) you have submitted your Order;
(b) you have paid the purchase price in full, including any taxes, duties and shipping costs; and
(c) we have issued an Order confirmation.
By placing an Order, you are making an offer to purchase those Goods for the purchase price (including the delivery and other charges and taxes) specified at the time that you place your Order.

We reserve the right to:

(a) accept or reject your Order or a part of your Order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in Goods or pricing information, where fraud is suspected, or where there is an error in your Order;
(b) request identification from you, including photo ID or any other such documentation for verification purposes before we process your Order;
(c) cancel an Order at any time, for any reason; or
(d) restrict the quantity or total value of Goods available for purchase to each person or address.

Where we exercise the rights above, we will notify you by email and suggest an alternative goods, remove an item from an Order or provide a refund of the purchase price where applicable and we shall not be liable for any loss or damage whatsoever arising from such acts.

Cancellations

Please note that you cannot cancel or amend an Order once it has been placed, except as required by Australian Consumer Law.

If you are entitled to cancel an Order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by us as a direct result of the cancellation (including, but not limited to, any loss of profits).

5. Prices and payment

Prices

Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST.

Prices of Goods are current at the time of issue but may change at any time and are subject to availability.

You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any Goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.

Payment

Full payment for the purchase of Goods is required at the time of placing your Order, including the purchase price plus any applicable duties and taxes.

Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.

Payment may be made by the methods and to the accounts specified or approved by us in writing.

You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the Order.

6. Termination

Without prejudice to any other remedies, we may, in its absolute discretion, at any time and without notice to you:

(a) terminate these Terms; and/or
(b) terminate the Services or your access to the Services.

To the maximum extent permitted by law, we will not be liable to you for any further loss or damage you suffer because we have exercised its rights under this clause or these Terms.

7. Intellectual Property

We own, control or licence all materials contained on, or in, our Services, including text, images, graphics, logos, designs, illustrations, audio, videos, music, user interfaces, photographs, trade marks, logos, coding or programming and artwork, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content contained in our Services (Tuned. Giveaways IP).

Tuned. Giveaways IP is protected by copyright, trade mark laws, and various other intellectual property rights and unfair competition laws and must not be copied, imitated or used (in whole or in part) without our prior written consent.

Access to and use of our intellectual property is granted to you on a limited, revocable, non- sublicensable licence, subject to these Terms. You agree that you will not:

(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Tuned. Giveaways IP or our Services or cause or assist others to do so;
(b) challenge our ownership of Tuned. Giveaways IP;
(c) infringe Tuned. Giveaways IP; or
(d) use or make any intellectual property that is similar to Tuned. Giveaways IP.

You may access and use the information provided in our Services, on a limited, revocable, non- sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our prior written consent.

Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of our intellectual property rights, whether by estoppel, implication or otherwise. We reserve all rights not expressly granted in the Services.

8. Privacy

You agree that we may, and that you expressly consent to, sending you emails regarding the Services, including any information regarding or relating to our Services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.

You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, Order confirmation/assistance, product offers and/or other promotional purposes) via the contact details you provide to us, including by phone, email or post (as applicable).

9. Unauthorised access and malicious materials

To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.

10. Third Parties

Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Any third party services, content, information, and products that may be displayed on our Site are provided solely for the benefit of our paid users and we make no representations or warranties regarding any third party products, services and discounts.

Links in the Services and/or Sites to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing.

Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.

11. Limitation of Liability

To the maximum extent permitted by law, neither Tuned. Giveaways, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

(a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
(b) any use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;
(c) any errors in, or omissions from, the information contained in the Services;
(d) any Services supplied by us; or
(e) these Terms or any breach of these Terms.

You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

To the extent permitted by law, we expressly disclaim all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
This clause survives termination of these Terms.

12. Disclaimer of Warranty

We provide the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither Tuned. Giveaways, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.

We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any products, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.

13. Release and Indemnity

You agree to release and indemnify and hold us and (as applicable) our affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of services purchased or provided by us, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party. This clause survives termination of these Terms.

14. Amendments and correction of errors

We reserve the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to Orders placed prior to the publication of any varied terms.

Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.

We reserve the right to amend any errors in the Services, including any pricing errors, and amend any information, at any time without notice to you.

15. General

Waiver: Any failure or delay by us in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent us from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.

Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Services.

Severability: If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.

Relationship: These Terms do not confer an agency, partnership, joint venture, employee- employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.
Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.

Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Services, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.

 

Part 3: Membership / Subscription

Last updated: 17 March 2024

1. Introduction

By using this website (located at https://tunedgiveaways.com), any related websites or URLs, social media platforms owned or operated by us (Sites) and our services, including making a purchase on the Sites, purchasing a subscription (Subscription) from us and use of our contact form (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms).

By agreeing to these Terms, you are entering into an agreement with Tuned. Giveaways Pty Ltd (ACN 668 999 853) trading as Tuned. Giveaways, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Tuned. Giveaways or we or us).

By accessing or using our Services, you warrant and represent to us that:

(a) you have read, understand and agree to be bound by these Terms;
(b) you are over the age of 18 years old; and
(c) you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.

2. Membership and One-Off Packages

We offer membership subscriptions (Subscription) which give you access to various discounts, and/or invitations to a variety of events, plus free entry into our giveaway(s) (Membership).

If you wish to purchase a Subscription for continual monthly access to our discount partner reward program you may sign up for a Subscription via our Membership Page (Membership Package). There are several Membership Packages you may select from (Membership Tiers).

The Subscription may be amended from time to time on our Membership Page and any changes will take place during the next billing cycle of your Subscription. You agree that we may update the Membership Tiers and Membership Packages at any time by updating the Membership Page and that any changes will apply to Memberships purchased, renewed or extended after the date of the publication of the new Membership details. If you do not agree to the updated terms, you must notify us before the end of your current billing cycle and your Access Pass will be terminated. It is your responsibility to check the Membership Page before the end of your Subscription term or Access Period.

We also offer a one-off package which operates as a one-off short term membership with Tuned. Giveaways (One-Off Package) for a specified period of time (Access Period). For the avoidance of doubt, the One-Off Packages are not on-going and are solely a one-off purchase for access to special offers for the specific Access Period.

By selecting the membership tier of chosen Subscription or One-Time Access Pass (Membership Tier) and paying the purchase price at checkout you will have access to all the benefits of your chosen Membership Tier for the Subscription duration or Access Period.

Liability limited by a scheme approved under Professional Standards Legislation.

To access and use your Subscription or One-Time Access Pass, you will need to register for an account with Tuned. Giveaways by completing your details at checkout from the Membership page.

The fees for your Membership will be as selected by you, depending on the Membership Tier at checkout, and once purchased the fees will be as specified on your Account Dashboard, plus any applicable taxes or duties which may be the Monthly Access Fee or the One-Time Access Fee (Fees).

Subject to you paying the Fees, your Membership will commence once you have paid the Fees and will continue for the Access Period (or monthly in the case of Subscriptions on a monthly basis whilst you continue to pay the Subscription Fee).

Each Membership Tier provides you with access to specific inclusions for a specified period of time as set out on the Membership Page. If you reach the limit of such inclusions, you will be prompted to upgrade your Membership Tier in order to obtain additional inclusions. If you select to upgrade your Membership Tier, you agree to the new Fees and inclusions notified to you at the time of such upgrade and the renewal period will be based on the upgraded Membership Tier.

If you selected One-Time Access Pass and you either upgrade to a Subscription or purchase another One-Time Access Pass before the expiry of your current pass then we will extend the expiry date of your then current One-Time Access Pass or it will roll into a Subscription.

You agree that you are solely responsible for maintaining the confidentiality of your account details and credentials, including your password.

Renewal and Payment

Upon purchase of any Subscription, you authorise Tuned. Giveaways and our relevant payment processors (such as Stripe) to obtain payment from you for the Subscription (including, without limitation, ongoing membership fees plus relevant taxes and duties) on the date that you purchase your subscription and the anniversary of that date each month (or any other fixed day as amended by Tuned. Giveaways from time to time) (Renewal Date) and to store your payment information and any other information related to your payment or provision of the Services as outlined in our Privacy Policy.

From time to time, Tuned. Giveaways may offer various payment methods, including without limitation, payment by credit card, by debit card, by mobile payment providers or by payment gateway websites. When you select to pay Tuned. Giveaways for a Subscription, you authorise Tuned. Giveaways to charge you through any payment method(s) you select when making your initial purchase and you agree to continue to make payments using that payment method for the term of your Subscription.

The Subscription will be automatically renewed at the end of each Subscription Period for a further term of the same duration as the expiring Subscription term for our then-current Fee and/or in accordance with your Membership Tier or subscription details, unless terminated earlier in accordance with these Terms.

You acknowledge and agree that your payment method will be automatically charged for such Fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your Subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorisation from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable Fees and you do not subsequently cancel your Subscription.

You warrant and represent to us that at all times during the term of your Subscription Period you will ensure that we have valid and up to date payment details, including credit card details and you grant us the authority to automatically debit the Fees due to us from the payment methods you have provided to us, including credit card. The parties agree that this authority will remain in force until either party validly terminates these Terms. It is your responsibility to ensure that all charges processed are accurate. You agree that you will notify us within 30 days from a billing date if any charge is not accurate after which date you will be deemed to have accepted all charges and to have waived any claim regarding a disputed charge.

You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or account numbers.

Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us. Your non-termination or continued use of the Subscription reaffirms that we are authorised to charge your Payment Method.

If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel your use of the Service without notice, including the right to delete your account and any content affiliated with the Service and you must pay us for any costs or expenses we incur due to or in connection with your non-payment or breach of these Terms, including but not limited to any legal, enforcement or collection costs and we may charge interest of 10% p.a. on any unpaid overdue amounts.

3. Pricing

Tuned. Giveaways reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all prices for Subscription are subject to change in our sole discretion provided that if you have signed up to a Subscription, we will notify you of any increase to the subsequent term no later than 10 days before the end of the then current term.

If we do not notify you 10 days before the end of your then current term of any price increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Subscription at the price prior to the price increase for a period of 10 days following which you may terminate the Subscription with immediate effect (provide notice is received within the 10 days’ notice of the price increase) or continue the Subscription at the increased price.
Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.

You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.

4. Cancellation & Refund Policy

You may cancel your Subscription at any time, at least two (2) business days’ prior to your next Renewal Date, on the Account Settings page.

If you cancel your Subscription, your Subscription benefits will continue until the end of your then- current Subscription Term, but your Subscription will not be renewed after that term expires. Except in accordance with Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or if we cancel your Subscription without cause, you will not be entitled to a prorated refund of any portion of the Subscription Fees paid for the then-current Subscription Term.

Tuned. Giveaways provides remedies (such as cancellation of your Subscription, a renewal of your Subscription or where necessary, a refund of amounts paid) if the Subscription is not provided in accordance with the Australian Consumer Law.

5. Discounts and events

By purchasing a Subscription, you may receive access to discounts, promotions and offers (Offers) and invitations to events (Events) from us or third party service providers (Service Providers). For the avoidance of doubt, we are merely a platform to provide you with access to the Offers and Events and do not manage or run the Offers or Events themselves, unless specified in writing.

You acknowledge and agree that the Offers and Events are subject to their own terms and conditions as set out with the Offer or Event or by the Service Provider.

You agree that, to the maximum extent permitted by law:

(a) we are not liable for any information published or provided by any Service Providers;
(b) we do not endorse any of the Service Providers or their goods/services;
(c) the Service Provider is solely liable and responsible for the Offers and Events, the redemption of Offers, the operation and running of any Events and the provision of its goods/services;
(d) you will direct any issues relating to the Offers or Events to the Service Provider directly;
(e) we are not liable for any act, omission or negligence by any party in connection with the security and privacy of any information provided by you to a third party, including Service Providers;
(f) we are not in any way liable for any punitive, special, indirect or consequential loss, damage or injury, loss of claim, costs incurred or paid by you, pursuant to or arising out of or in connection to any act, omission or negligence of any Service Provider including as a result of obtaining their goods/services, redeeming an Offer or attending an Event; and
(g) we are not an agent for any Service Provider and have no responsibility or liability for the communications or conduct of such Service Provider, including but not limited to any fulfilment of an Offer, organisation or management of any Event or quality of the goods or services provided by a Service Provider.

We reserve the right to deactivate, cancel or remove any Offer or vary, cancel or remove any Event, at any time and for any reason with written notice to you.
You agree that the Service Provider may, in its sole discretion, reject the redemption of an Offer if your redemption of such Offer breaches the Offer’s terms and conditions or other policies set by the Service Provider.
Offers cannot be transferred or redeemed for cash and are not legal tender.

6. Trade Promotions

If you make a purchase with us, whether it be a purchase of a Good or a Subscription, you may receive entries into a trade promotion conducted by us as specified at checkout. You acknowledge and agree that the relevant trade promotion is subject to its own terms and conditions as provided on the relevant giveaway page including eligibility requirements and agree to comply with such terms and conditions.

Upon cancellation of your Subscription, your agreement to the trade promotion terms and conditions, and entries into the next trade promotion with a promotional period which commenced prior to your cancellation date, will still be valid until no longer applicable.

We reserve the right to modify, suspend or terminate any trade promotions in our sole discretion.

You acknowledge and agree:

(a) that any and all disputes, claims and causes of action arising out of or in connection with your Subscription, any competition, contest, giveaway or trade promotion managed or operated by us (Competition) and any prizes, must be resolved individually without any form of class action;
(b) that in addition to the limitation of liability in clause 14, any claims, judgments and awards will be limited to actual out-of-pocket costs incurred in entering into any Competitions, and under no circumstances will Tuned. Giveaways be liable for any legal fees;
(c) to waive all potential rights to punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket expenses incurred in entering into or participating in any Competitions; and
(d) in the event any Competitions are compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of Tuned. Giveaways, that corrupt or impair the administration, security, fairness or proper operation of any contests or competitions associated with the Subscription, Tuned. Giveaways reserves the right to suspend, modify or terminate your Subscription and/or your entry into such Competition.

If you choose to participate in any Competitions and are selected as a winner, you agree that Tuned. Giveaways may use your name (either in full or part), likeness, voice and image (including any photograph) in any marketing and you will not be entitled to any fee for such use. You acknowledge and agree to this as a condition of entry to any Competitions. This clause survives termination of these Terms.

7. Your information, errors and access

Current Information Required

You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).

Where your Payment Method is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your Payment Method, you agree to notify Tuned. Giveaways as soon as you become aware of the issue. Failure to provide such information to Tuned. Giveaways may result in charges to your current Payment Method for the Subscription, and you acknowledge that you remain responsible for these charges.

Errors and Incorrect Payments

Tuned. Giveaways reserves the right to correct any errors or mistakes that may result in incorrect payment for any Services, including your Subscription and may, in its absolute discretion, return or refund all or some of the amount of the payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made.

Termination or suspension of your access or use of the Services

You agree that Tuned. Giveaways may, in its sole discretion, immediately and without notice to you, terminate, limit your access to, or suspend your access or use of, the Services, including but not limited to by blocking your IP address or email and blocking, deactivating or deleting your Tuned. Giveaways account or terminating your licence to use Tuned. Giveaways intellectual property if you breach or become in breach of any of these Terms and Tuned. Giveaways shall be released from its obligations to you under these Terms and shall not be liable to refund to you any pre-paid Fees or for any loss caused to you by such action. If your Services have been terminated due to your breach, you agree that you will not create another Tuned. Giveaways account without the prior written consent of Tuned. Giveaways.

You agree that Tuned. Giveaways may, in its sole discretion, immediately and with 5 days’ notice to you, terminate, limit your access to or suspend your access or use of the Services for any reason. Tuned. Giveaways may, at its election:

(a) continue to provide your Subscription benefits until the end of your then-current Subscription Term, cease providing the Subscription after that term expires; or
(b) immediately cease providing the Services or Subscription benefits and provide a prorated refund of any portion of the Fees paid for the then-current Subscription Term.

8. Orders and cancellations

You agree that any purchase made through our Services (Goods) is subject to these Terms. For the avoidance of doubt, your purchase of a Subscription constitutes a purchase of Goods.

Orders

An order is accepted upon the latter of the following to occur:
(a) you have submitted your order;
(b) you have paid the purchase price in full, including any taxes, duties and shipping costs; and
(c) we have issued an order confirmation.
By placing an order, you are making an offer to purchase those Goods for the price (including the delivery and other charges and taxes) specified at the time that you place your order.

Tuned. Giveaways reserves the right to:

(a) accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your order;
(b) request identification from you, including photo ID or any other such documentation for verification purposes before we process your order;
(c) cancel an order at any time, for any reason; or
(d) restrict the quantity or total value of goods available for purchase to each person or address.

Where we exercise the rights above, we will notify you by email and suggest an alternative goods, remove an item from an order or provide a refund of the purchase price where applicable and Tuned. Giveaways shall not be liable for any loss or damage whatsoever arising from such acts.

Cancellations

Please note that you cannot cancel or amend an order once it has been placed (except as required by Australian Consumer Law).

In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Tuned. Giveaways as a direct result of the cancellation (including, but not limited to, any loss of profits).

9. Termination

You may terminate the Subscription by cancelling via the Account Settings and your Subscription will terminate at the end of your Subscription Period.
Without prejudice to any other remedies, Tuned. Giveaways may immediately suspend or terminate the Services, or these Terms, or cease offering the Services, in its absolute discretion, at any time and without notice to you if:

(a) you are in breach of any obligation (including those relating to payment) under these Terms which has not been remedied after seven (7) days written notice;
(b) you have breached these Terms and that breach is not capable of remedy;
(c) any money payable to Tuned. Giveaways becomes overdue, or in Tuned. Giveaways’ opinion, if you will be unable to make a payment when it falls due;
(d) you become or are suspected to be, insolvent, convene a meeting with your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of your creditors; or
(e) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any of your assets, and
any amounts owing to Tuned. Giveaways at the time of the suspension or termination shall become immediately due and payable.

Tuned. Giveaways may terminate these Terms at any time and for any reason on 30 days’ notice without the requirement to provide you with reasons. If Tuned. Giveaways terminates these Terms under this clause 9 then any pre-paid and unused portion of your Fees will be refunded, except as required by law, in no other instances will any Fees be refundable. Tuned. Giveaways will not be liable to you for any further loss or damage arising out of or in connection with Tuned. Giveaways exercising its rights under this clause.

Tuned. Giveaways may suspend the Services and suspend your access to the Services or any part of the Services until any relevant Fees have been paid in full or until any breach of these Terms is remedied.

Upon termination of these Terms, Tuned. Giveaways may immediately remove any access to the Services, disable the Services and/or delete your account and data.

10. Intellectual Property

All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to Tuned. Giveaways, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.

You may access and use the information provided in our Services, on a limited, revocable, non- sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Tuned. Giveaways.

Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Tuned. Giveaways’ intellectual property rights, whether by estoppel, implication or otherwise. Tuned. Giveaways reserves all rights not expressly granted in the Services.

11. Privacy

You agree to allow Tuned. Giveaways to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.

12. Unauthorised access and malicious materials

You must not attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services. You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Services or other users of our Services.

To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.

13. Third Parties

Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links in the Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.

Tuned. Giveaways make no representations or warranties regarding any third party goods or, services and discounts and takes no responsibility and assumes no liability for any third-party goods, services or discounts. Third-part goods, services and discounts are subject to the applicable terms and policies of the third parties that offer them.

14. Limitation of Liability

To the maximum extent permitted by law, neither Tuned. Giveaways, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
(a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
(b) any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;
(c) any errors in, or omissions from, the information contained in the Services;
(d) any goods or services supplied by Tuned. Giveaways; or
(e) these Terms or any breach of these Terms.

You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

To the maximum extent permitted by law, Tuned. Giveaways’ liability under these Terms shall be limited to any one or more of the following:

(a) the replacement of the Goods or re-supply of equivalent goods or services;
(b) the repair of such Goods or services;
(c) the payment of the cost of replacing the Goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or
(d) the payment of the cost of having the Goods repaired.

To the extent permitted by law, Tuned. Giveaways expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified. This clause survives termination of these Terms.

15. Disclaimer of Warranty

Tuned. Giveaways provides the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither Tuned. Giveaways, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.

We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.

16. Release and Indemnity

You agree to release and indemnify and hold Tuned. Giveaways and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the Tuned. Giveaways, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
This clause survives termination of these Terms.

17. Amendments and correction of errors

Tuned. Giveaways reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.

Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.

Tuned. Giveaways reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.

18. General

Waiver: Any failure or delay by Tuned. Giveaways in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Tuned. Giveaways from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.

Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Tuned. Giveaways will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.

Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.

Relationship: These terms do not confer an agency, partnership, joint venture, employee- employer or franchisor-franchisee relationship between Tuned. Giveaways and you or any other party unless expressly stated otherwise.
Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.

Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Services, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.