MEMBERBenefits is herein referred to as “we”, “our” and “us”), and “you” means you, the member and customer.
These Terms and Conditions relate to any order you place with us for the purchase of products described in this website. These Terms and Conditions constitute the entire Agreement between us and you for the supply of product/s. The Agreement cannot be varied unless we agree to vary it in writing or by email.
- We sell and ship Product/s only within Australia. We will not make deliveries outside of Australia.
- If you are under the age eighteen (18) years you cannot place orders with us. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years
- Should we suffer any damage or other losses because of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with us.
Placing Your Order
- When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Product/s you have selected based on these Terms and Conditions. Information contained on our website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Product/s, however we will make every effort to supply Product/s to you.
- We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until we have received your payment and until your order has passed our internal validation procedures for verifying the order bona fides, for the purpose of preventing payment fraud.
- We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received, we will contact you by email or telephone. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Payment Methods and Processing
- We accept BPAY payments only. We will email confirmation of your order along with the BPAY payment details. This will include the Biller Code, Reference Number and the amount owing. The order is deemed unpaid until the full amount owning has been received by us.
- Orders placed on a weekend or a public holiday will not begin processing until the next business day. Business days are Monday through Friday, excluding VIC Public holidays. Please make your Bpay payment within 3 business days.
- We will also email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase. Your tax invoice provides details of the Bpay payment to be made by you.
GST
- Our product prices include GST.
Prices
- We always seek to list Product/s with the most competitive prices.
- We reserve the right to change prices for Product/s displayed at any time before you place an Order.
Supply of Your Product
- Subject to these Terms and Conditions, we will supply to you the Product/s described on your Order Confirmation.
- Unless otherwise agreed by us, we will deliver your product/s to the address provided on your Order Confirmation.
- We will use our reasonable efforts to deliver your Product/s to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
- Title and risk of loss to all Product/s will pass to you on delivery.
Gift Cards
- Gift Cards should be treated as if they are cash. You are responsible for the safe keeping of your Gift Card, and lost, stolen or damaged Gift Cards cannot be replaced.
Consumer Guarantees
- Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at consumerlaw.gov.au
Our Liability
To the extent permitted by law:
- We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data – Use and Protection
- By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. By placing your Order, you also agree that we may use such data, other than Order payment details, to provide you with information from time to time on other Product/s that may be of interest to you. If you do not agree to our using such data to provide you with information on other Product/s, you should indicate your non-agreement (i.e. unsubscribe) on the appropriate section of each email we send you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy
- We may use or disclose your personal information to organisations (including organisations outside the Australian jurisdiction) and any related entities of ours for purposes relating to the management of your account with us. Such organisations include:
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- service providers who manage the services provided to you.
- mailing systems which organise delivery of the products you have purchased (This includes Australia Post so that, where possible, they will email you Tracking Advices notifying you of the progress of your delivery. You may unsubscribe by clicking the unsubscribe link on any Australia Post Track Advice email).
- maintenance and repair services.
- market research.
- marketing activities conducted by us or any of our related companies; and
- our professional advisers, accountants, lawyers, auditors.
- We require these organisations to adhere to strict confidentiality about your personal information and seek to ensure that they adhere to the National Privacy Principles.
Credit Card Fraud
- While we employ Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Fraud Protection or Prevention Procedures
- When you place your Order, you may be sent an email from our Fraud Prevention Officer requesting further information, for the purposes of verifying identification. After verification, this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled, and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect against online fraud.
General
- You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent. Any unauthorised assignment shall be deemed null and void.
- If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
- Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. We reserve the right to change the Terms and Conditions of sale at any time.
Force Majeure
- To the extent permitted by law, we are not liable for any delay in performing any of our obligations under these Terms and Conditions if such delay is caused by circumstances beyond reasonable control. We shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.