Legal
Terms & Conditions
Edge of Control Pty Ltd · ABN 54 694 347 058
By entering a draw or subscribing to a membership you agree to be bound by these Membership Terms and Conditions. Please read them carefully before proceeding.
1. Definitions
In these Conditions, the following definitions apply unless the context otherwise requires:
"Business Day" means any day on which banks are open for business in Brisbane.
"Claim Period" means the period in which the Winner must claim their Prize in order to be entitled to it.
"Conditions" means these general terms and conditions.
"Contract" means the Membership Tier Level, these Conditions and any other document which the parties have agreed in writing shall form part of the Contract.
"Draw Date" means the date of determination of entitlement to the Prize.
"Draw Location" means the physical location in which the entitlement to the Prize will be determined.
"EOC" means Edge of Control Pty Ltd ABN 54 694 347 058.
"Member" means the person who requests the Membership and whose details are provided in the sign up process or as amended in accordance with these Conditions.
"including" when introducing a list of items does not limit the meaning of the words to which the list relates to those items or to items of a similar kind.
"Loss" means any loss or damage or compensation including consequential loss and loss of profits, and any direct or indirect, incidental or consequential damages including economic loss, loss of opportunity, loss of profit or revenue, loss or damage in connection with claims against the customer by third parties, liquidated sums or liquidated damages.
"Membership" means status as a Member with EOC as provided in these Conditions.
"Membership Tier Level" means the tier level nominated by the Member when requesting Membership or as amended in accordance with these Conditions.
"Prize" means the prize that the winner of a Prize Draw will be awarded by EOC as notified in the Prize Draw Schedule.
"Prize Draw" means an individual prize draw in accordance with the Prize Draw Schedule as varied in accordance with these Conditions.
"Prize Draw Schedule" means the document published for each Prize Draw setting out the Prize, Draw Date, Draw Location, Claim Period, Redraw Date, and Redraw Claim Period.
"Redraw Claim Period" means the period during which the Winner must claim the Prize in order to be entitled to it.
"Redraw Date" means the date on which entitlement to a Prize will be determined should a Prize not be claimed within the Claim Period.
"Subscription" means the amount payable for the Membership.
"Winner" means the person determined as being entitled to a Prize in accordance with these Conditions.
2. General
Where a party is required to make payment or do any other thing on a day which is not a Business Day, the party must make such payment or do such other thing on the next Business Day.
The Customer must be at least eighteen (18) years of age and be present in Australia (other than South Australia or the Australian Capital Territory) to enter into this Contract and by accepting these terms and conditions the Customer acknowledges that the Customer meets these conditions. EOC may require evidence of age and residency prior to accepting Membership or awarding a Prize.
3. Website
Any person including a Member, uses EOC's website at its own risk including that:
3.1.1 EOC accepts no responsibility for any links to other websites from EOC's website including the content and privacy policy of those websites;
3.1.2 Any person is responsible for ensuring that their access to the World Wide Web or EOC's website is not illegal or prohibited by any applicable law;
3.1.3 Any person is responsible for ensuring that their access to the website does not expose it to risk of viruses, malicious computer code or other forms of interference which may damage a user's computer system, and the user releases EOC from any liability in that regard.
In using EOC's website, the user acknowledges and agrees:
3.2.1 All details in the Promotions Schedule are subject to change without prior notice, by EOC publishing the relevant change;
3.2.2 Qualities of Prizes or promotional merchandise described on EOC's website are approximate;
3.2.3 Prizes and other product images are for illustration purposes only.
4. Sign Up
A person may apply to become a Member by following the process on EOC's website including nominating the relevant Membership Tier Level selected by the Member and attending to payment of the relevant subscription amount. In selecting a Membership Tier Level the Member acknowledges and agrees it has read and understood the rights and obligations of the Membership Tier Level prior to making the Member's application including the nature and number of Prize Draws to which the relevant Membership Tier Level entitles the Member to be entered into.
In response to a Member's request, EOC may send a membership confirmation to the Member by the website, or by email or other written form as reasonably determined by EOC whereupon a Contract between EOC and the Member for the Membership on the term of these Conditions is concluded.
EOC may accept or reject any application for Membership in its absolute discretion. EOC may also require the provision of further information from the proposed Member prior to responding regarding an application for Membership.
The nature of the Prize, the frequency of the Prize Draws and the nature of any rewards, discounts and exclusive content, are in the absolute discretion of EOC including that any Prize Draws advertised on the website from time to time (including when the Member signs up) are not indicative of the Prize or Prize Draws that may be offered by EOC in the future.
Any person may not have more than one Membership at a time.
Membership entitles the Member to:
(a) entry into the numbers of Prize Draws specified in the relevant Membership Tier Level and the Member agrees that in applying for the Membership, the Member consents to being entered into the Prize Draw or Prize Draws to which the Membership Tier Level nominated by the Member entitles them to;
(b) If nominated in the relevant Membership Tier Level, rewards, discounts and exclusive content as set out in the Membership Tier Level.
5. Subscription
The Subscription is the amount payable for the relevant Membership Tier Level selected by the Member.
The Subscription amount is payable on signing up and, for monthly subscriptions, on the same day of the month thereafter until this Contract is terminated in accordance with these conditions.
The Member authorises and requests EOC to pay the Subscription amount when due by the payment method notified by the Member to EOC via EOC's website or by any method reasonably required by EOC. The Member is responsible for ensuring EOC has sufficient details to process payment, including following any security or other requirements of the Member's payment provider to allow payment to be processed.
If a payment reversal either by a financial institution or otherwise, occurs after the Member's Membership has been accepted, EOC may, by notice to the Member, suspend the rights of the Member under these Conditions, including withdrawing any entries the Member has in any Prize Draw, for a reasonable period pending an investigation. If the payment is not made or EOC is not otherwise satisfied with the Member's payment, EOC may terminate the Member's Membership with immediate effect.
The Customer must make payment without deduction or set off and may not retain any part of a payment due as a retention.
If during the processing of the Member's payment, EOC's protocols are activated or EOC otherwise has reasonable grounds to suspect fraud or other unlawful activity, EOC may at its discretion:
5.4.1 Immediately reject the application for Membership and notify the Member of rejection whereupon the prospective Member will have no further rights against EOC;
5.4.2 Contact the prospective Member to confirm additional details or obtain information to satisfy EOC or its authorised payment processor as to the veracity of the payment details. If the requested information is not supplied within seven days the application for Membership will be rejected and the Member's payment will be refunded in the method that it was paid, less any third party or administrative charge incurred by EOC for the failed payment.
6. Prize Draws
EOC will use reasonable endeavours to ensure the Prize Draws are conducted in accordance with the Prize Draw Schedule, however EOC reserves the right in its absolute discretion to amend the nature of the Prize, Prize Draw Date or any other aspect of the Prize Draw Schedule.
EOC will determine the Winner on the Draw Date at the Draw Location utilising a random number generator or such other substantially similar method reasonably determined by EOC.
Without limiting any right of EOC at law or in these Conditions, EOC may disqualify any person drawn as the Winner if EOC determines that the person was ineligible for the Draw or for being a Member including due to the person's state of residence, age or other non-compliance with these Conditions. EOC may elect either to cancel the Prize Draw, redraw within two (2) Business Days, or draw again on the Redraw Date.
Eligibility for entry into a Prize Draw is to be determined by EOC in its absolute discretion including that it may not be limited to Members.
The Winner will be notified by telephone and email using the information provided by the Member on signing up within two (2) Business Days of the Draw Date.
Winners' names and states of residence may be published on EOC's website and social media as required by applicable laws and the Member in signing up consents to such publication in that event.
The Winner must claim the Prize by following any reasonable procedure determined by EOC and notified by telephone or email, prior to the end of the Claim Period, failing which the Winner forfeits any entitlement to the Prize.
If the Winner does not claim the Prize in accordance with Clause 6.7, EOC will conduct another Draw on the Redraw Date following the same procedure in Clauses 6.2 to 6.7.
The Winner following a Redraw must claim the Prize prior to the end of the Redraw Claim Period, failing which the Winner forfeits any entitlement to the Prize.
Members and/or Winners are responsible for any tax obligations as a result of claiming any Prize and EOC is authorised to withhold the Prize or part of it in respect of a tax liability to any relevant revenue authority.
7. Warranties
Nothing in this clause excludes, restricts or modifies the provision of the Australian Consumer Law or other applicable legislation and the following provisions apply subject to the operation of any such law, to the extent that it may not be lawfully excluded by these terms.
EOC is not obliged to provide a refund otherwise than as required by these Conditions and any applicable law, to the extent that it may not be lawfully excluded.
EOC is not liable for any indirect or consequential loss.
Any warranty or other representation in relation to the Prize or Prize Draw is hereby excluded except to the extent that such warranty or representation is imposed by law and may not be lawfully excluded.
Without limiting anything in this Clause 7, EOC is not responsible for technical malfunctions, network failures, unauthorised intervention or events beyond its reasonable control.
Participation as a Member is strictly at the Member's own risk.
8. Termination
The Membership terminates for one-time memberships, upon the conduct of the last Prize Draw to which the Member's Membership Tier Level entitles them to entry.
Otherwise, the Member may terminate this Contract at any time by notice by email to EOC and the Membership will terminate at the end of the month for which the Member has paid including that entries for a Prize Draw already credited will remain valid.
EOC may terminate this Contract by notice to the Member with immediate effect where it determines reasonably that there have been any breaches of these Conditions including failure to make any subscription payment or breach of eligibility requirements.
On termination under Clause 8.3, any then current Member's entries into any Prize Draw will be withdrawn and the Member will have no further rights to participate in any Prize Draw following termination. The Member's rights as a Winner that precede the date of termination will persist, subject to the terms of this Contract.
9. Amendment
EOC may amend these Conditions or any Membership Tier Level terms at any time by notification to the Member, including by publishing the amended Conditions on EOC's website.
10. Notices
While notices under this Contract may be given in any manner permitted by law, the Member acknowledges that the principal method of contact by EOC to the Customer will be by email. The Customer must ensure correct email contact details are provided and updated as necessary and that the nominated email address is regularly checked for correspondence.
11. General
The Contract embodies all of the terms binding on the parties and there have been no representations, agreements or proposals, save for those specifically recorded in it.
Otherwise than as set out in these Conditions, the Contract may not be varied except in writing signed by the parties.
No EOC employee or agent has the authority to vary any of these Conditions.
Any waiver or forbearance in regard to the performance of the Contract shall operate only if in writing and shall apply only to the specified instance, and shall not affect the existence and continued applicability of the terms of the Contract thereafter.
If any provision of the Contract is held by a Court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, the validity and enforceability of the remaining provisions shall not be thereby affected.
EOC may assign its rights and obligations under these Conditions.
The Contract is deemed to be made in the State of Queensland. Legal proceedings in connection with it will be issued and heard by Queensland courts and the courts of appeal therefrom. The parties agree to the exclusive jurisdiction of the courts of Queensland.
12. Privacy
"Personal information" is information EOC holds which is identifiable as being about a Member or other user.
EOC will, from time to time, receive and store personal information entered by a user or Member onto our website, provided to us directly or given to us in other forms. EOC collects personal information from you prior to providing any goods and services for the purposes of assessing whether to provide you with our services and in designing a programme of goods and services to offer you. We will also collect personal information during the process of providing goods and services and considering whether to offer you alternative or additional goods and services. EOC may collect additional information at other times, including but not limited to, when the user or Member provides feedback, responds to surveys and/or promotions, provides financial or credit card information, or communicates with EOC customer support.
EOC may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in these Conditions. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
Information that EOC collects may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
If there is a change of control in our business or a sale or transfer of business assets, EOC reserves the right to transfer user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality.