Terms & Conditions

This page outlines the Terms of access to and use of the website at https://independentdraws.com.au (Site) and the purchase of goods and services over the Site.

1. Introduction

In these terms and conditions:

a reference to a person includes any other legal entity and vice versa;
words importing the singular number include the plural number and vice versa;
a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
headings are for reference purposes only;
where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
unless otherwise stated, all references on the Site and in the Terms to a monetary amount is a reference to an Australian dollar currency amount; and
an obligation of two or more parties binds them jointly and each of them severally.

2. Acknowledgment

The Site is owned and operated by Independent Trade Promotions and Lotteries Pty Ltd ACN 677 031 088 (Independent Draws, we,or us).
Your access to and use of the Site is conditional on your acceptance and compliance with these terms and our privacy policy located at https://independentdraws.com.au/privacy-policy (Privacy Policy), together with any notices and disclaimers contained on the Site (Notices) (collectively, Terms). By agreeing to the Terms, you are entering into an agreement with us, including our successors, assignees and related bodies corporate.
If you disagree with any aspect of the Terms you should immediately cease all use of, and access to, the Site.
By accessing the Site and utilising our services, you warrant and represent that:
- you have read and agree to be bound by the Terms; and
- you have the legal right, authority and legal capacity to enter into a legally binding agreement and abide by the Terms.
We reserve the right to update the Terms at any time without notification effective on the date of posting to the Site of the new and amended provisions.

3. Access to the Site

You must not access or use the Site in any manner or for any purpose which is illegal or prohibited by any laws that apply to you, violates our rights in any way, or is prohibited by the Terms.
You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your access to, and use of, the Site.

4. Intellectual Property

The Site is owned by us. Intellectual property rights subsisting in the Site, including without limitation copyright in the content, design and source code of the Site, is our property or is licensed for us to use unless otherwise stated.
You may use, print and make temporary copies of content available on the Site on your computer for non-commercial, personal or internal business use. You must obtain written permission before you use the content for any other purpose.
From time-to-time materials available on the Site may be subject to specific usage rights and restrictions. We will notify you of any such rights and restrictions when you access the materials. You must only use the materials in accordance with those rights and subject to those restrictions

5. Disclaimer and Limitation of Liability

You agree that your access to, and use of, the Site and our products and services is at your own risk. To the fullest extent permitted by law, Independent Draws, its officers, directors, employees, representatives and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof or your use of any of our products and services. To the fullest extent permitted by law, we do not make any warranties or representations about the accuracy, adequacy or completeness of the information and we do not accept any responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained on this Site.
We do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. Accordingly, we are not liable for any loss suffered as a result of any such viruses or defects.
All Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
Subject to your rights under the Australian Consumer Law and clause 6 below, and to the maximum extent permitted by law, Independent Draws, its directors, officers, agents or employees:
1. will not be liable to you for any direct, indirect, incidental, special, punitive, or consequential loss or damages whatsoever arising (whether in negligence or otherwise), in connection with your access to, and use of, the Site and the Content, any errors or any omissions from the Content including typographical or photographical errors, any technical malfunction, error, virus, delay or interference on the Site or a failure or omission on the part of Independent Draws to comply with its obligations under the Terms including without limitation in relation to your dealings with any regulatory body;
2. do not warrant or guarantee that the Site will be completely accurate or continuous at all times. The site is provided on an “as is” and “as available” basis. The information contained on the site is general and may not be suitable for your particular needs;
3. do not accept any responsibility to maintain the material and services made available on the Site or to supply any corrections, updates, or releases in connection with the Site. Any material on the Site is subject to change without notice;
4. exclude all other terms, conditions, guarantees and warranties, whether express or implied, by statute, trade or otherwise; and
5. exclude all liability to you for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the materials on this Site and/or your use of this Site.

6. Indemnification

Without limiting any other provision of the Terms, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us. As a condition of your access to and use of the Site, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Site or your breach of the Terms and any applicable law or the rights of another person or party.

This clause 6 survives the expiration of your registration for an account with us and your use and access of the Site, and applies to claims arising both before and after your registration of an account with us.

7. Orders & Payment Terms

Payments for our products or services can be made through a third party payment processor on the Site.
All prices on the Site are in Australian dollars and are exclusive of GST, unless otherwise stated.
The price payable for any products or services is the price specified on the Site at the time of placing the order. Prices displayed are subject to change at any time.
Any order placed via the Site or otherwise is an offer by you to purchase a particular product or services for the price specified at the time you place your order. You acknowledge by placing an order, you are agreeing to pay for the product(s) or service(s) ordered.

8. Refunds

If a product or service provided by us is not fit for purpose, promptly contact us on info@independentdraws.com.au to provide details on the reason why you feel it is not fit for purpose. Nothing in the Terms reduces or limits your rights under the Australian Consumer Law. Furthermore, a refund shall not be provided if we believe that the product or service is, in fact, fit for purpose.
We do not replace or refund goods or services as a result of a change of mind, so please choose carefully.
You acknowledge that, despite our reasonable precautions, products or services may be listed at an incorrect price or with incorrect information due to typographical error or like oversight. In these circumstances, we reserve the right to cancel the order, notwithstanding that your order has been confirmed and you have been charged for payment. If a cancellation of this nature occurs after you have been charged for the purchase, we will issue a credit to your account for the amount in question.

9. Subscription Plans

We provide a subscription service on our Site allowing you to access an electronic random draw system to draw winners of trade promotions (Draw System) and various other benefits determined at our discretion (Subscription).
If you wish to become a member of our Site for a specified period (Subscription Period), you can do so by selecting a subscription plan and paying the purchase price (Subscription Fee) during checkout.
In order to purchase and use a Subscription, you must register for an account on our Site.
The Membership Fee for your Subscription is based on your chosen subscription plan.
Your Subscription begins upon payment of the Subscription Fee and continues for the Subscription Period. Your Subscription will automatically renew at the end of each Subscription Period, unless terminated earlier in accordance with these Terms. You acknowledge and accept automatic charges for Fees and taxes upon each renewal in accordance with these Terms.
Each Subscription grants access to specific inclusions outlined on the subscription plan page. If you reach the inclusion limit, you’ll be prompted to upgrade your Subscription to enjoy additional benefits.
You are responsible for maintaining the confidentiality of your account details and credentials, including your password. You will be solely responsible for any unauthorised access to, or use of, your account.
Upon purchasing a Subscription, you authorise us and relevant payment processors, including without limitation Stripe and Apple Pay, to charge you for the applicable Membership Fees, including ongoing fees and taxes. By nominating a payment method at the time of your initial purchase, you authorise us (including our third-party payment processors) to charge you using that method throughout your Subscription Period. Your payment information and related data will be stored according to our Privacy Policy.
You warrant that your payment details will remain valid throughout the Subscription Period. It is your responsibility to report any inaccurate charges within 30 days from the billing date. From time to time, we may use updated payment method information provided by you or related financial institutions.
Certain payment methods involve agreements between you and the provider, and if we do not receive payment, you agree to pay us directly. Non-payment may result in account suspension or cancellation without notice (Cancellation). In the event of a Cancellation, you must reimburse us for all incurred costs or expenses related to your non-payment or breach of these Member Terms.

10. Fees

In our sole discretion, we may provide free trials and other promotions for our goods and services.
Subscription prices are subject to modification, and in the event you’ve subscribed, we will inform you of any upcoming Membership Fee increases no later than 30 days before the Subscription Period concludes.
Should we fail to notify you within the specified timeframe about a price increase, you may maintain your current Subscription at the pre-increase rate for an additional 10 days with the option to terminate your Subscription immediately (provided notice is given within the 10-day notice of the price increase) or continue with the Subscription at the revised price.

11. Draw System

You acknowledge and agree that:

you are solely responsible for the accuracy and verification of all data inputted by you in to the Draw System;
you will comply with all privacy laws, including the Privacy Act 1988 (Cth), and our Privacy Policy, in respect of any information provided by you to us within our Draw System;
Independent Draws is not a regulatory body and you are solely responsible for all of your dealings with regulatory bodies; and
Independent Draws accepts no liability arising from or in relation to any data input by you into the Draw System, including the accuracy, adequacy or completeness of such information, or your dealings with any regulatory bodies.

12. Entrant Information

You acknowledge and agree that:

you have permission to disclose any personal information inputted by you into the Draw System (Entrant Information) with us;
you have obtained consent from any person to which Entrant Information relates:
1. to disclose that Entrant Information to us; and
2. to authorise us to use that Entrant Information in accordance with our Privacy Policy, including for marketing purposes; and
Independent Draws accepts no liability arising from or in relation to the use of any Entrant Information, including in relation to any claims made by the subjects of that information.

13. Termination

You can cancel and terminate your Subscription at the conclusion of the applicable Subscription Period by providing at least 5 days’ notice. To cancel, visit the accounts page and follow the prompts to cancel your Subscription.
On cancellation of your Subscription, your subscription benefits will continue until the end of the current Subscription Period. After the conclusion of the current subscription period in which you have submitted a cancellation of your Subscription, your membership will be terminated and you will no longer have access to subscription benefits.
We may terminate your access to this Site at any time without reason or notice. The Terms will survive any such termination. If we cancel your Subscription, we will provide a refund to you pro rata for the remaining Subscription Period.

14. Advertising and Links to Other Sites

The Site may contain links to third party sites (“Linked Sites”). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (“Subsequent Site”). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. Your use of any Linked Site or Subsequent Site is at your own risk and subject to these third party sites’ terms of use.
To the extent permitted by law, Independent Draws, its directors, officers, agents, employees and contractors do not give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do we accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.

15. General

We do not accept any liability for any failure to comply with the Terms where the failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under the Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
The Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us for reasonable business purposes without restriction.