John David Cooper and Associates trading as Win24 Australia (Win24) shall provide the Services on the following Terms.
References in the Terms to "Win24", "we", "us" and "our" are references to Win24 Australia, the provider of the Services. References to "subscriber" are references to subscribers to the Services and references to "customer" are references to customers that are offered free gifts and/or express an interest in the Services. References to "you" and "your" are reference to both subscribers and customers and should be read in context.
2.1. Win24 provides a research and entry service for subscribers which comprises:
(a) research into, selection of, and submission of entries into, certain publicly accessible free prize draws and competitions from all of those that can be entered over the Internet and
(b) registering eligible subscribers for such Internet-based prize draws and competitions respectively.
2.2. In the case of material (in our reasonable opinion) modifications to these terms and conditions or suspensions or modifications to the Services, Win24 will notify its subscribers of the modifications in writing. Subscribers may, within 14 days of receiving notice of the same, terminate their subscription by providing us with at least 14 days' notice in writing.
3.1. All subscribers must be 18 years old or over and must be Australian residents. To subscribe, you are required to register to Join Now via our website www.win24.com.au and to follow all written instructions provided to you in order to complete your application. Win24 reserves the right to reject subscription requests at its discretion.
3.2. When you subscribe to the Services, we will ask you for certain information that we require to complete all eligible entries to the selected free prize draws and competitions on your behalf. You are responsible for providing us with correct information and for notifying us as soon as possible if such information changes. If you provide us with incorrect information or fail to notify us of changes, Win24 shall not be responsible for any consequences suffered by you.
3.3. Subscribers are required to pay the subscription fees referred to in 5.
3.4. We will notify you of your subscription fee, your method of payment and the Terms and will provide you with a confirmation (Confirmation) after we have received your completed application to take up the subscription.
A contract between Win24 and a subscriber, or Win24 and a customer, will be formed and binding on receipt by such subscriber or customer of a Confirmation (Contract). Such Contract shall include the Terms and all other terms and conditions contained in verbal and written instructions provided by Win24. You shall have the right to terminate your Contract for any reason without charge within 7 working days of the Contract being formed in accordance with this clause.
You have the right to terminate your contract at any time (see clause 7).
5.1. The current price list may be viewed on the Website. We may amend the price list from time to time and will notify subscribers 30 days in advance of any price variations; when we do, clause 2.2 shall apply.
5.2. If we cannot collect payment for your subscription in the manner agreed, we may contact you to ask you to effect payment. We may suspend the Services if you fail to make the required payment.
6.1. By subscribing to the Services you implicitly authorise Win24 as your agent to enter your details into all eligible free prize draws and/or competitions selected on your behalf by our research team.
(i) Win24 will never enter you into prize draws or competitions that require a subscriber to purchase a product, service and/or subscription.
(ii) Win24 will never enter you into prize draws or competitions run outside Australia.
(iii) Win24 will only ever enter you into prize draws or competitions that you are eligible to enter based on the Terms & Conditions presented by the prize draw or competition sponsor.
(iv) Win24 will never knowingly enter you into prize draws or competitions that do not have the appropriate regulatory permit/s in place to be legitimately conducted in Australia.
(v) You acknowledge that the prize draws and competitions that are selected by Win24 are organised by third parties and not by Win24. You further acknowledge that separate Terms and Conditions will apply to each prize draw and competition and that you will be required to comply fully with such terms and conditions for your eligible entry into each prize draw or competition to be valid.
(vi) You acknowledge that the separate Terms & Conditions applied to each prize draw and competition will usually contain a clause that states by entering the competition you consent to receiving marketing correspondence from the prize draw or competition sponsor.
(vii) Win24 will enter subscribers into the total number of prize draws and competitions stated in their Confirmation. If Win24 fails to do so, we shall credit your nominated bank account a total of one month's subscription.
6.2. Win24 is responsible for the research and selection of all draws and competitions it's eligible to enter its subscribers into. The subscriber understands that they are unable to request which free prize draws and competitions they are entered into.
A complete list of all prize draws and competitions entered by Win24 on behalf of each subscriber are able to be viewed via their Member Login. All Past Competitions (listed by year and month) and This Month's Competitions (listed and updated during the current month) that subscribers have been entered into during their membership are also viewable.
Each competition is listed in a manner that specifies the competition sponsor, the closing date of the competition, a description of each prize or prizes, the total number of prizes available, the total value of the prize or prizes, any relevant State restrictions and the draw date.
6.3. If you report to us that you have won and the details of your prize, we may request to publish, at a minimum, your first name, initial of your last name, suburb and state and your prize on the Website and/or in our newsletters.
7.1. Without prejudice to your termination rights in clauses 2.2 and 4, you may cancel your subscription for any reason at will by giving 30 days notice. To cancel you must notify us by post or by e-mail, such notice to include your full name, home address and email address. If the subscriber does not correctly notify Win24 of the wish to cancel the subscription in accordance with this clause, the subscription shall continue on a monthly basis on the same terms until such termination notice is provided.
7.2. If you terminate your Contract in accordance with 2.2, 5.1 and/or 10 and you have paid for your subscription in advance, you will be refunded by Win24 proportionately.
7.3. Win24 has the right to terminate the contract immediately and without notice if a subscriber is more than one month in arrears with subscription payments.
7.4. On termination of the Contract, all obligations of Win24 under the Contract shall cease without prejudice to any rights that accrued prior to termination.
8.1. To the maximum extent permitted by law, Win24 and its employees, officers, directors, shareholders, parent companies, agents, marketing partners and affiliates shall have no liability under any Contract or otherwise for the delivery or subsequent use or misuse of the prizes offered by the third party prize draw or competition organisers or any other costs associated with prizes, any tax liability incurred by a winner or entrant or for the selection or notification of winners. All claims, queries or issues concerning the prizes or the prize draws or competitions generally should be taken up with, or directed to, the relevant organiser and not Win24.
8.2. To the maximum extent permitted by law, Win24 provides no representation or warranty of any kind express or implied statutory or otherwise that it can be contacted by e-mail; it is the responsibility of the subscribers to confirm that e-mails sent to Win24 are received by Win24. To the maximum extent permitted by law, Win24 shall not be responsible for errors in the data you transmit to us, any failure by you to receive information we transmit to you, or any failure by any prize draw or competition organiser to receive information we transmit to them.
8.3. Win24 shall not be liable for any unauthorised use made of personal data provided by Win24 to the third party prize draw or competition organisers.
8.4. Win24 shall not be liable for any delays in or failures of performance of the Services caused by an event which is beyond the control of Win24 including without limitation, strikes, lock-outs, riots, acts of war, acts of terrorism, destruction of essential equipment by fire, explosion, storm, flood, earthquake or delay caused by failure of power supplies or transport facilities, postal strikes or acts of, or failures to act by, its subcontractors. In such circumstances, Win24 shall have the right to delay performance of the Services and/or its obligations and when such event has passed, to take reasonable recovery time before restoring the Services and/or performing its obligations.
8.5. You acknowledge that success in the prize draws and/or competitions is dependent on chance and that Win24 cannot guarantee that you will win any prize/s. Win24 shall endeavour to answer competition entry questions correctly, but shall not be liable for any consequences resulting from a failure to do so.
8.6. To the maximum extent permitted by law, the cumulative aggregate liability of Win24 (whether in contract, tort or for negligence or breach of statutory duty or otherwise arising out of, or in connection with, any Contract) to you in respect of any and all acts, omissions, defaults or events shall be limited to and in no circumstances shall exceed the monthly subscription fee paid to Win24 by you (if any) under any Contract.
8.7. To the maximum extent permitted by law, Win24 will not be liable to you for any loss of profit, data, goodwill or business, for interruption to business, for any failure to realise anticipated savings or for any consequential, indirect, special punitive or incidental damages.
8.8. Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Contract must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Contract, to the extent to which Win24 is entitled to do so, Win24 limits its liability in respect of any claim to:
(a) in the case of goods, at Win24's option:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of having the goods repaired; and
(b) in the case of services, at Win24's option:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
We may modify the Terms from time to time in our sole discretion and, if so, we will post a revised version of the Terms on the Website and will inform subscribers/customers of material (in our reasonable opinion) changes and thereafter, 2.3. shall apply. Save as provided otherwise in this clause, modifications will be effective, and you will be deemed to have accepted such modifications, when they are posted on the Website.
11.1. The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, Materials) contained on the Website are protected by copyright. You may only access and use the Materials for personal purposes. You may not otherwise reproduce, distribute, publicly display, modify or create derivative works of the Materials (or authorise others to) for commercial gain, unless authorised by the appropriate copyright owner(s).
11.2. In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on our servers, and you should not attempt to "pass off" any Materials as your own work.
11.3. No use of any Win24 logo or trademark may be made without our express permission.
11.4. Third-party websites linked to from the Website are not under our control, and we do not assume any responsibility or liability for any content, opinions or materials available at such third-party websites. Your use of such websites is at your own risk and is subject to their separate terms and conditions (if any).
11.5. You shall use the Website for lawful purposes only.
11.6. To the maximum extent permitted by law, we make no representation that Materials on this Website are appropriate or available for use in locations outside Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside Australia do so at their own risk and are responsible for compliance with local laws.
11.7. You expressly agree that use of the Website and related services is at your sole risk. The Website, Materials and related services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no representations or warranties with regard to the Website or any Materials therein, whether express or implied, arising by law or otherwise.
11.8. By using the Website, Materials or related services, you agree that, to the maximum extent permitted by law, Win24 will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the Website, Materials or related services whether due to inaccuracy, error, omission or any other cause.
11.9. By registering with Win24 via the Website, you are creating a password for secure access to member only content and, potentially in the future, the ability to maintain your personal contact details. It is your responsibility that the password(s) created by you are kept secure; that you destroy any documentation we issue containing your password(s); try to memorise your password(s); do not tell anyone of your password(s); do not keep your computer and undisguised password(s) together; and, immediately telling us by telephoning 1800 835 119 if you suspect the security of your password(s) have been breached.
12.1. The Terms and each and every Contract pursuant thereto shall be governed by and construed in all respects in accordance with the laws of New South Wales and Australia whose courts shall have exclusive jurisdiction.
12.2. If at any time one or more of the provisions of the Terms is held to be invalid or unenforceable, such provision shall be struck out without affecting the remaining provisions.
12.3. A person who is not a party to a Contract has no right to enforce any of its terms.
Please contact us via email at:
3 Spring St, Sydney NSW