Terms & Conditions
Terms & Conditions - Freeserve.com.au
Last updated: October 11, 2015
THE OFFICIAL TERMS & CONDITIONS OF FREESERVE.COM.AU.
- Freeserve.com.au is operated by All Groove Pty Ltd. on behalf of Brandling AG, a company registered in Zug, Switzerland. We adhere to all privacy legislation. All Groove practices 100% opt-in marketing. Should you have any concerns at all you can contact Brandling AG, Unit 1, 80 - 82 White Lion St, London, N1 9PF.
- Our websites are based on completing a number of offers. We reserve the right to change the approval requirements necessary to receive a free item.
- You will be occasionally shown promotions and adverts from the Freeserve.com.au advertising network. The offers are completely optional however if you opt in you will be contacted with relevant information from Freeserve.com.au and / or directly from the prize sponsors / advertisers.
- This Agreement contains the provisions that govern your rights and obligations in respect of this Website and the Service provided to you. They establish a legally binding contract between you and Freeserve.com.au (referred to in this Agreement as "Freeserve.com.au", "we" or "us").
- We reserve the right to amend the terms of this Agreement at any time. Any such amendments will be published on the Website and it is the responsibility of the User to ensure that they are aware of the correct, current terms and conditions of the Agreement.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of any participant and the Sponsor in connection with Freeserve.com.au, shall be governed by, and construed in accordance with the laws of England, without giving effect to any choice of law or conflict of law rules or provisions (whether of England or of any other jurisdiction), that would cause the application of the laws of any jurisdiction other than of England. Time shall be of the essence of these Terms & Conditions as regards any time, date or period referred to.
HOW WE OPERATE
Freeserve.com.au provides a platform for the presentation of lead generation offers to consumers. You will have the opportunity to accept offers, enter Prize Draws and take part in Gift Qualifications.
- Registration as a User is required for active participation on the Website.
- This page details the Terms & Conditions that apply to all the Prize Draws; in addition to these rules special terms and conditions which are relevant to individual prize draws may appear as a link on the relevant prize draw.
- When you register your details (your real first name, last name, postal address, e-mail address and other relevant information) you agree to have those details validated, receive advertiser and prize draw offers and questionnaires by e-mail.
- By submitting personal information and preferences, each visitor to Freeserve.com.au agrees to receive offers related to their preferences. Such offers will be sent only by Freeserve.com.au, its sponsors, affiliates or its clients.
- You acknowledge that there may be additional restrictions (which we will make known to you at the time of your participation in an offer) imposed upon you by Freeserve.com.au's Advertisers or Sponsors and you agree that these additional restrictions will be binding upon you.
- You can change ALL your choices and personal details at any time by logging-on to the Freeserve.com.au site and clicking on "My Profile"
- By registering with Freeserve.com.au, all participants agree to be bound by these Terms and Conditions that shall be final and binding in all respects. The Terms and Conditions will be posted at Freeserve.com.au throughout the promotional period and Brandling AG reserves the right to change the Terms and Conditions at any time in such manner as it alone thinks fit. Brandling AG reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the web sites, to be acting in violation of the Official Rules, or to be acting in an "unsportsmanlike" or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, it being a matter for the sole discretion of Brandling AG. to determine whether such disqualification is justified.
- An individual can only have one account with Freeserve.com.au. The name of the account will be the individual's valid email address. Entrants cannot share an account. Anyone entering any invalid or false details will be disqualified from winning and be liable for any costs incurred by Brandling AG., its partners or affiliates.
- The closing date for each Prize Draw is indicated on Freeserve.com.au site under Prize Draw Rules. All entries are at the discretion of Brandling AG.
- Persons connected with Freeserve.com.au, its subsidiary sites, Brandling AG, or any of its affiliates, advertisers or suppliers are ineligible to enter the draw.
- Terms and conditions of third parties also apply where that third party fulfils a prize (Brandling AG is not responsible for the fulfillment of these draws).
- If you are under 18 years of age, you must seek your parent or guardian's consent before completing a Registration Form. By completing a Registration Form, you confirm that you have obtained such consent.
- If we discover that you are not of minimum age or you do not have parental or guardian consent to use the Service, we shall be entitled to suspend or terminate your access to the Service immediately, without notice to you.
- Winners further grant to Brandling AG the irrevocable right but not the obligation to use and publish their proper name and the town and/or county of their postal address online and in print, or any other media, in connection with Freeserve.com.au. Acceptance of any prize constitutes irrevocable permission for Brandling AG and their advertising and promotional agencies to use winner's name and likenesses for advertising and promotional purposes without additional compensation unless prohibited by law. By entering, participants release and hold harmless Allgroove Ltd., their respective parents, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with Freeserve.com.au or any prize won or any publication or use of winners' names and likenesses and addresses as aforesaid.
- You can terminate your account by contacting our customer service team by clicking here or by sending correspondence to Brandling AG, Unit 1, 80 - 82 White Lion St, London, N1 9PF. Such request for termination of participation will constitute an opt-out as regards communications from Freeserve.com.au. However, third parties (including Advertisers) may continue to contact you if you previously indicated that they could. In order to opt-out from such third party communications (and/or withdraw from an Optional Offer you have participated in), you will need to exercise the opt-out function on their communications or otherwise contact them.
- In case of your breaching this Agreement through "spoofing", "gaming" or in any other way circumventing this Agreement through the application of technology, we may terminate or suspend your participation immediately and without notice. We may decide in our reasonable discretion that, as a consequence of your actions, you will be removed from any Prize Draw you have entered.
- For the avoidance of doubt, when you participate in an Affiliate Offer, you enter into a contract with the relevant Affiliate. Accordingly, you cannot terminate your participation in a Qualifying Affiliate Offer except as provided by that Affiliate's terms and conditions for that particular offer.
- Each email includes a link to unsubscribe from further emails (please allow 3 working days to full removal). If you no longer wish to receive any of these emails you will have to unsubscribe from these separately to the advertiser emails.
- Account details must be kept up to date and accurate in order for Brandling AG to contact you.
- Winners will be notified by e-mail at the e-mail address provided within their registration. It is the sole responsibility of each participant to ensure that these details are kept updated and Allgroove Ltd. accepts no responsibility for any failure on the part of any participant in this or any other respect.
- Brandling AG reserves the right to amend these Terms & Conditions at any time without prior notice.
- The latest Terms & Conditions will be kept on Freeserve.com.au at all times.
General Prizes & Winners:
- Brandling AG accepts no liability for unclaimed prizes, the processing of account details or unconsidered entries, due to any technical failure(s) or failures otherwise.
- Where necessary, winners are required to take part in promotional activities. Brandling AG will endeavor to pre-warn a winner of such activity, where the winners name, image or likeness is used. Brandling AG can revoke prizes if reasonable level of co-operation is not forthcoming.
- The winning numbers for our games are automatically generated by a Random Number Generator and the processes are all fully audited. Winners are contacted via automated email (using the contact details submitted to Freeserve.com.au) as confirmed in our Terms and Conditions.
- Freeserve.com.au reserves the right to allow game entries from other websites; this means that the prize winner might be an "indirect member" of Freeserve.com.au.
Delivery of Product
- All orders are mailed to the address provided by the user at the time the user enters the Prize Draw. It is a user's responsibility to verify that the address provided is correct. Freeserve.com.au is not responsible for lost orders stemming from incorrect shipping addresses, theft, or erroneous deliveries. In the event that a situation arises necessitating package forwarding, Freeserve.com.au is in no way responsible for ensuring delivery.
- If a user does not receive a product, he or she should make sure that they have waited the appropriate time period and confirm that the shipping address given is indeed correct. In the event that an item is lost, Freeserve.com.au will make a reasonable effort to track the package and replace it if necessary.
- For any product that has confirmed delivery via a tracking number, Freeserve.com.au will not resend the order or refund the points back to a user's account. If an item is lost, a user can only receive a replacement product. We reserve the right to refuse a replacement order.
- If a user has received multiple orders at a shipping address, Freeserve.com.au has the right, at any time, to refuse future delivery to that address.
Availability of Product
On occasion, products that appear on our websites may be back ordered or discontinued from our supplier or their manufacturer. In cases involving backordered products, products will ship as soon as they are made available.
In the case of an error or mistake by Freeserve.com.au whereby a wrong product was shipped, we will make reasonable efforts to replace the product.
If a product is found to be defective, the user should consult the warranty information included with his or her free item. We are not responsible for the repair or replacement of defective products. Please contact the relevant vendor for questions about damaged or defective products you receive. In cases where you do not know what vendor shipped it to you, we can pass along the appropriate vendor's contact information.
- Any unauthorized use or entry ("hacking") into a Freeserve.com.au website is illegal and is punishable by law. The slightest violation of any law will provide sufficient impetus for us to prosecute the offender to the fullest extent of the law.
- CAUTION: ANY ATTEMPT BY A PARTICIPANT AND/OR ANY OTHER PERSON OR PERSONS TO DELIBERATELY DAMAGE ANY WEB SITE AND/OR UNDERMINE THE LEGITIMATE OPERATION OF FREESERVE.COM.AU IS OR MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE BRANDLING AG RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT AND/OR PERSON OR PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.
- After a user receives a product, if we determine that he fraudulently completed the requirements, we have the right to take legal action against the user.
LINKS TO THIRD PARTY WEBSITES
- The Website is provided on an "as-is" basis. As a consequence, we make no representations or warranties, express or implied, as to:
- the Website being free from infection by viruses or anything else that has contaminating or destructive properties; or
- Failures or technical defects which occur due to events outside of our control.
Limitations on Liability:
- To the greatest extent permitted by applicable law, Brandling AG will not be liable for any loss or damage arising either directly or indirectly from any use or inability to sue the site or the content. You understand and agree that under no circumstances will Freeserve.com.au be liable for any damages whatsoever, including, but not limited to: (i) any direct, indirect, incidental, consequential, or exemplary damages arising out of the use of or inability to use the site or the content, (ii) any claim attributable to errors, omissions, or other inaccuracies in the site or the content, (iii) unauthorized access to or alteration of your transmission or data, (iv) statements or conduct of any third party on the site or the service, or (v) any other matter relating to the site or the content, even if Freeserve.com.au has been advised of the possibility or such damages.
- If you are dissatisfied with the site, the content or the Terms and Conditions, your sole and exclusive remedy is to discontinue using the site.
- Brandling AG is not and shall not be held responsible for any incorrect and/or inaccurate information, whether caused by web site users and/or by any of the equipment and/or programming associated with and/or used in Freeserve.com.au or by any technical or human error which may occur in the processing of entries to Freeserve.com.au or otherwise. Brandling AG is not and shall not be held responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft and/or destruction and/or unauthorized access to, and/or alteration of, entries. Brandling AG is not and shall not be held responsible for any problems and/or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail and/or participants on account of technical problems and/or traffic congestion on the Internet and/or at any web site or combination thereof, including injury or damage to any participants or to any other person's computer related to and/or resulting from participating or downloading materials in or in connection with Freeserve.com.au.
- If, for any reason, Freeserve.com.au is not capable of being operated as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, and/or any other causes beyond the control of Brandling AG which corrupt or affect the administration, security, fairness, integrity and/or proper conduct of 'Freeserve.com.au'. Brandling AG reserves the right at its sole discretion to cancel, terminate, modify and/or suspend 'Freeserve.com.au' or elements that make-up 'Freeserve.com.au'.
- You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Freeserve.com.au, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms and Conditions.
- All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this Website remain vested in us, our Advertisers or our Affiliates unless otherwise indicated. You are permitted to use this content and material only as expressly authorized by us or our licensors.
- The name of this Website and any graphics, logos and trade marks (whether registered or unregistered) used on this Website are the property of us, our Advertisers and/or our Affiliates and are protected by law. All other third party trademarks and trade names (including names of products belonging to third parties) remain the intellectual property of their respective owners.
- Any trade names, marks or logos of ours or of our suppliers must not be used in association with the products or services of a third party or in a manner which could, either directly or indirectly, discredit us or a third party.
- You may use the Site and the Content solely for your personal or internal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. Freeserve.com.au reserves complete title and full intellectual property rights in any Content you download from the Site. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site, except as expressly permitted by these Terms and Conditions. You may not mirror or frame the home page or any other pages of the Site on any other web site or web page and may not connect links, including "deep links" to the Site. You may not use a robot, scraper, or other automated means of accessing the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
- Intellectual Property Infringement Claims. It is the policy of Freeserve.com.au to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to:
- Registered Copyright Agent, Brandling AG, Suite 305, Princess House, 50-60 EastCastle Street, London, W1W 8EA. Contact Us: by clicking here.
- Questions or Additional Information. If you have questions about the Service or this Agreement, please click here to contact us.
- Enforcement/ Choice of Law/ Choice of Forum. Every provision of these Terms and Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms and Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms and Conditions, and all other provisions will remain in full force and effect.
- This Agreement is governed by English law and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes that arise out of or in relation to it.
- Entire Agreement/No Waiver
- No failure or delay by us in exercising any of our rights under this Agreement shall be deemed to be a waiver of that right and no waiver by us of any breach by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
- No third party shall have the right to enforce any provision of this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Correction of Errors and Inaccuracies
- The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. Freeserve.com.au reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Freeserve.com.au does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- Users are allowed to create a unique account with each referral-based site, as all of these sites are not linked together. Users are not allowed to have multiple accounts within a single site. All multiple accounts found to be fraudulent or which violate these Terms and Conditions will be placed on hold.
- Only one account is allowed per shipping address and/or phone number. We do this to ensure quality leads for our advertisers. Since we are 100% advertiser supported, we cannot afford to support multiple accounts at the same shipping address. If there is more than one user at a shipping address, we suggest that they share an account. All accounts which are found to contain shared shipping addresses will be placed on hold. Also, only one account is allowed per IP address or per credit card.
- A user may not use another person's name or information to receive products from this website. For example, one person may not join the site for another person, or complete offers for another person's account.
- Each user is personally responsible for maintaining the security of his or her account. A user should not share his or her account information and is responsible for keeping it confidential. Freeserve.com.au is not liable for any losses incurred through the access of your account by a third party.
- Any user who has his or her account placed on hold may not create another account on any of the Freeserve.com.au websites. All parties residing at the same physical address as a user on hold will be affected by this mandate and thus, will also be placed on hold indefinitely.
- Contacting Customer Support
- Due to the volume of customer service requests, we do not offer a telephone support. All questions, comments, and concerns should be sent to us only after reading our entire Terms and Conditions on our website, as many answers to common questions can be found on that page.
- Please allow fourteen business days for responses to customer service inquiries.
- In order to ensure the preservation of account security and to promote customer service efficiency, users should only email us using the address with which they signed up for this website.
- We reserve the right to block any email address.