Terms Of Service
(a) These Terms of Service must be read carefully before you create a User Account or interact with the Services.
(b) These Terms of Service are a legal agreement between you and us. They apply to our provision and your use of our content platforms, sites, applications or services.
(c) These Terms of Service may be changed, from time to time, without notice to you.
(d) Your access to the Services is permitted by us on the assumption that you have accepted these Terms, and in consideration for that acceptance.
(e) If you do not agree to the terms, you are not permitted to access the Services in any manner. If you do (whether you make use of them or not), you are deemed to have agreed to these Terms in their entirety.
(f) Your agreement with Us includes any specific additional terms and policies that apply to any specific Services you use.
(g) These Terms of Service are deemed to be for the benefit of us to enable the reasonable conduct and protection of our business.
(h) The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and us regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
(i) Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
(j) We may assign any of our rights and obligations under the Terms.
“Automated Access” means the use of a process, script, WebCrawler, software or other methodology that:
(a) permits a user that is not a human user to access the Services as a user; or (b) monitors any activity in connection with the Services; and
(c) regardless of whether we are aware of the nature of such access.
“Circumstance” means any fact, matter, circumstance or claim that occasions a Loss.
“Intellectual Property Rights” means intellectual property rights conferred on a party or recognised at Law in any territory throughout the world including any rights associated with copyright, trademark, business name, patent, innovation concept, semiconductor, formula, trade secret, method, circuit layout, invention and any other results of intellectual activity in any field of industry or endeavour and includes any right to use an Intellectual Property Right owned by a third party where the terms of that right of use or licence permit use of that Intellectual Property Right as contemplated under this document.
“Law” means, with reference to any applicable jurisdiction, any statute, regulation, bylaw or a provision of a statute, regulation, or bylaw and includes, without limitation, any statutory rule, or ruling by a statutory body.
“Loss” means, in relation to any Circumstance, all losses, costs, damages, expenses, penalties, third party claims and other liabilities arising out of or in connection with that Circumstance and including all legal and other professional expenses on a solicitor-client basis incurred in connection with investigating, disputing, defending or settling any claim, action, demand or proceeding relating to that Circumstance (including any claim, action, demand or proceeding based on the terms of these Terms) including but not limited to:
(a) all foreseeable loss from the Circumstance; and
(b) all consequential loss flowing from the Circumstance, including: (i) lost profits;
(ii) funding shortfalls or refusals on the part of any funding body to provide funds due to the existence of the Circumstance;
(iii) all kinds of expenses incurred as a result of the Circumstance;
(iv) enforcement costs in any legal action against any other party that are required to:
(A) reduce further damage, breach or other infringements that may ensue from the Circumstance; or
(B) achieve restitution or compensation for the party affected by any ensuing breaches, infringements, losses or claims; and costs, expenses, or other quantifiable amounts that are not capable of being obtained, secured or recovered by the relevant party as a result of lost opportunities flowing from the Circumstance.
“Services” means the online, web-based applications, platforms or websites provided by us from time to time via PluckIt, other designated platforms or websites that are described to you from time to time, any services that are arranged by you direct with us and any associated offline components, but excluding:
(c) Third Party Services; and
(d) components that are open source software components that are freely available to the public under license terms that are different to the licence terms in this document.
“Terms” means this document.
“Third Party Services” means provision of goods and services that are: (e) provided by third parties;
(f) interoperate with the Services; and
(g) may be either separate or con-joined with the Services, whether or not they are identified to you by us as applications that are provided by third parties.
“Us/We” means PluckIt Pty Ltd ACN 643 248 435.
“Users” means any users of the Services other than you, including those providing Third Party Services.
“you” means any party who accesses the Services, regardless of the nature of that access or if that party is or is not identified to us.
“your User Account” means your online account provided by us for your operation and enjoyment of your own personalised experience of the Services that is accessed using your personal preferences and containing personal information provided by you.
2. HOW TO READ THESE TERMS
2.1 References – People and Parties
In this document a reference to:
(a) one gender includes the others;
(b) the singular includes the plural and the plural includes the singular; (c) a person includes a body corporate;
(d) a party includes the party’s executors, administrators, successors and permitted assigns.
2.2 References – Statutes and currency
In this document a reference to a Law includes:
(a) that Law as amended or re-enacted from time to time;
(b) a statute, regulation or provision enacted in replacement of that Law; and
(c) another regulation or other statutory instrument made or issued under that Law; and
(d) money is to Australian dollar, unless otherwise stated.
2.3 Interpretation – General
In this document:
(a) “including” and similar expressions are not words of limitation;
(b) a reference to a clause or schedule is a reference to a clause of or a schedule to the Terms;
(c) a reference to an agreement or document (including, without limitation, a reference to the Terms) is to the agreement or document as amended, novated or replaced;
(d) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
(e) headings are for convenience only and do not form part of this document or affect its interpretation;
(f) a provision of the Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms; and
(g) all references to time are to New South Wales time.
2.4 Interpretation – Priority
If there is any inconsistency between any provision in this document, these Terms will prevail to the extent of that inconsistency.
3. THE SERVICES
“Collections” means visual and non-visual collections of content in multiple forms of media that are curated, assembled, or prepared with use of the Services including without limitation Third Party Services.
“Content” means any content contained in or referred to in the Collections, regardless of whether the content refers to Products.
“Owners” means the owners or licensors of Intellectual Property Rights in connection with any Products or Content referred to or syndicated with the Collections.
“Products” means any product or service that is referred to or itemised in the Collections, regardless of who owns, sells, produces or promotes that product or service.
You acknowledge that the Services consist of online applications that allow users to search, create, edit, display, follow, and view Collections.
3.2 Use of Trademarks and Material
While the Services are dedicated to the appreciation of Content and Products, you acknowledge that we are not likely to be affiliated with the owners or licensors of:
(a) the trademarks associated with the Products;
(b) the Content; and
(c) any other materials referred to in the Collections that attract Intellectual Property Rights. You also acknowledge that if you refer to Products or Content in connection with the Services, those references must be in accordance with the relevant Owner’s directions (if any) that are issued by the Owner from time to time.
In addition, you acknowledge that we do not warrant or represent that your use of the materials contained on the Services will not infringe the Intellectual Property Rights of third parties.
You accept the following terms in respect of your use of the Services:
(a) After you have created an account with us, you may use the Services to search, follow and view the Collections.
(b) You may also interact with Users in accordance with:
(i) these Terms; and
(ii) any of our policies that relate to that interaction.
(c) In order to create Collections, you may input data to enable you to search for the required Third Party Services.
(d) Subject to these Terms, you may also:
(i) edit and alter your Collections; and
(ii) replicate material and Collections using Third Party Services.
(e) Where you utilise images and material from Third Party Service in connection with the Services, you do so at your own risk.
(f) You acknowledge that in order to use the Services, we must make your Collections available to other Users.
(g) We have the right to make any changes to the Services at any time including any action to modify, amend, suspend or discontinue all of or any part of the Services within our discretion and without notice.
(h) You are solely responsible for your Content, including but not limited to the Content in all of your Collections, and your interaction with other Users.
(i) You acknowledge that your User Account is not a secure data storage facility for primary information that you wish to retain. We reserve the right to delete Content stored using the Services at any time without notice, and this may directly affect your Collections. We must endeavour to act reasonably in exercising these rights, but if you wish to keep your Content perpetually, you should take other measures to ensure safe and secure storage of your Content.
(j) You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
(k) You can use the Services to interact with other Users online or in person. However, you understand that we do not screen Users of our Services, and you release us from all liability relating to your interactions with other Users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
4 THIRD PARTY SERVICES
4.1 Third Party Services
(a) You acknowledge that the Services provided by us facilitate your interaction with other Users who are offering Third Party Services to you or Users who are seeking Third Party Services. The Services enable Users to obtain quotes and compare various service providers.
(b) The Services are not a representation of all products and services that may be available to Users. At times, not all products or services will be shown by the Services or made available to you by the Services.
(c) We are not the provider of the Third Party Services and engagement with the parties offering the Third Party Services will be subject to their separate terms and conditions. When you agree to accept these terms, you do so at your own risk and We are not responsible for making you aware of the terms of the User providing the Third Party Services should you choose to engage with them.
(d) The User providing the Third Party Services accepts that we are not the party accepting or requesting the Third Party Services and those Users are solely responsible for ensuring that they create a separate Contract or Agreement with any Users who wish to engage with their Third Party Services.
(e) You understand that we do not create any of the Collections or Content which appear within PluckIt nor do we have any association or direct knowledge of the Users providing the Third Party Services. We facilitate Users to engage with one another for provision of services. The provision of services is done so directly with Users so we can't and do not make any warranties about their Users workmanship, quality, safety, or legality. Users should make all reasonable enquiries before engaging with any other User within PluckIt. Any legal claim related to any Services must be brought directly against the User providing the Third Party Services. You release us from any claims related to Third Party Services made available through our Services, including for defective work, misrepresentations by sellers, or caused physical injury (like personal or property liability claims). Similarly, we do not provide any guarantees of the financial capacity of any Users seeking to engage with the Services nor their authenticity.
(f) We are not liable for any disputes with respect to the Contract formed between the Users being the provider of the Third Party Services and the party requesting the Third Party Services.
(g) Before agreeing to provide or to request Third Party Services, the User should evaluate own individual needs, objectives and situation and which Content is suitable for the User, and if necessary seek independent financial or investment advice before making a decision to interact with, request or provide Third Party Services.
5 FEES AND PAYMENTS
5.1 Fees for Third-Party Service Providers
(a) Those Users providing Third Party Services within PluckIt will be required to pay Subscription Fees. The User must opt-in to a subscription package where the User pays a monthly, quarterly or annual fee to us for use of the Services. Subscription fees will be deducted from the account nominated by you at the time you sign up for the subscription package. The User will also be required to provide a credit card for us to retain on file for use in payment of the fees if the User defaults in making payment of their subscription fees. The subscription package will be an auto-renew package, meaning that the payment will be deducted from your account on the same day of each month in AUD currency. You can cancel the subscription at any time, but you must provide a minimum of 14 days’ notice prior to the date the next payment is to be deducted from your account.
(b) We may, from time to time, offer a trial to Users providing Third Party Services where some of the cost of their subscription package may be waived. However, such waiver shall only be for a maximum period of 14 days and may require the User to sign to a minimum subscription period to receive the benefit of this offer. We can offer and not offer this trial at our discretion.
(c) If your payment account does not contain sufficient funds you are responsible for paying any fees owed in full within 14 days of the date we attempted to deduct the funds from your nominated account, or the account will be considered past due, may take other actions to collect funds.
(d) Such actions may, without limitation, include:
i. if money remains outstanding for a period of longer than 30 days after the date payment was attempted to be deducted from your nominated account, your User account will be deactivated, pending receipt of payment.
ii. your use of he Services may be suspended pending receipt of payment.
iii. your nominated credit card will be charged the amount outstanding if payment not received within 14 days after the date payment was attempted to be deducted from your nominated account.
5.2 Fees Payable by Users
Engaging with Users offering Third Party Services within PluckIt is free. If you choose to engage with those Users and request that they provide you with the Third Party Services being offered, however, that is an entirely separate agreement and you will be liable for payment of fees pertaining to those service depending on your agreement with that User providing the Third Party Services.
5.3 Fees Non-Refundable
All fees payable to us for use of the Services are non-refundable.
5.4 Fee Avoidance
Any action by any User to avoid payment of any fees to us is considered fee avoidance and is strictly prohibited by us. This includes, for example, encouraging Users to contract with other Users outside of the Services. A transaction initiated on the Services may not be completed outside of the Services. The cost of Third Party Services as shown within the Collections must be an accurate representation of the cost of the Third Party Services.
Users are responsible for collecting and paying any taxes associated with their use of the Services.
All fees and charges are GST inclusive if applicable, unless otherwise stated.
6 YOUR USER ACCOUNT WITH US
6.1 Your Responsibilities
You must operate your User Account in accordance with our directions and in particular, you agree to the following:
(a) You have permission to use and operate your User Account, but the extent of that use and operation is at our sole discretion. We may maintain your User Account differently to the accounts of other Users, but we must always ensure that it acts reasonably concerning your User Account.
(b) Your User Account must only be operated by you on your own behalf. You must not operate your User Account on behalf of anyone else, including but not limited to an organisation that is not a natural person (Organisation). However, if we permit you to open a User Account on behalf of an Organisation, then:
(i) the word “you” in these Terms includes both you and the Organisation;
(ii) you represent that you are authorised to represent the Organisation and that you have the authority to bind the Organisation to the Terms.
(d) You take full responsibility for everything done through your User Account and in particular:
(i) you agree not to share the login credentials for your User Account with any other person, or permit any automated use of your User Account without our consent;
(ii) you agree to use a password for your User Account that is not easily guessable and likely to remain secure (incorporating upper and lower case letters, numbers and symbols);
(iii) you agree to notify us straight away if you suspect another party has access to your login credentials or if you suspect that another party is conducting activity through your User Account.
(e) You must only give us accurate and complete information about you when you create your User Account. If your details are changed after creating your User Account, you must update the relevant information.
(f) You agree that we may send you email or other electronic messages concerning your User Account, us and our commercial partners from time to time. Any correspondence sent by us to you is not considered to be professional advice. You will have the right to opt out of some of the information sent.
7.1 Your Responsibility for Content
(a) You are responsible for any Content you introduce to the Services. We are not responsible for any Content produced or provided by Users. We do not warrant that any of the Content provided by Users is accurate, complete or up to date. You should be careful about what Content you choose to introduce, because you may not be able to delete Content after you have introduced it. You acknowledge that introducing Content on the Services does not constitute an act of registering that Content for copyright in any jurisdiction. You should ensure that Content you introduce does not enable other Users to locate or identify you. You are also responsible for ensuring that the Content you introduce does not breach the Intellectual Property Rights of any third party.
(b) The Content provides no personal recommendations, suggestions or advice about the suitability of a service for the User and the User’s needs and does not take into account the User’s individual circumstances.
(c) We are not liable for any claim with respect to any of the Content which appears within PluckIt. We are not the authors of such content and We merely facilitate the Content available online to appear within our platform. We cannot remove or take down any Content pertaining to any User as We are not the author nor original facilitator of the Content.
(d) You are not permitted to reproduce, model or attempt to modify or copy anything within PluckIt or any software or code utilised by PluckIt. You are permitted to utilise any Content within PluckIt for your personal use, only subject to the terms of this agreement.
7.2 Prohibited Content
As a general principle, we support freedom of expression. You acknowledge that we consider freedom of expression as a balancing exercise and as a result, we reserve our discretion to prohibit certain types of Content. You agree that you will not introduce Content that:
(a) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(b) is violent or threatening or promotes self-harm;
(c) promotes harmful activities or substances in breach of any Law,
(d) infringes a third party’s intellectual property rights, or violates a third party’s rights of publicity or privacy;
(e) breaches any Law or would result in civil liability;
(f) is fraudulent, false, misleading or deceptive;
(g) is racist, defamatory, pornographic, offensive or vulgar; or
(h) is intended in any way to cause harm or an unacceptable level of detriment to another User.
7.3 Our Rights in respect of Content
You accept that there are some limited rights that we and other Users will have concerning your Content. These are not ownership rights, but they constitute usage rights and may affect what Content you decide to introduce. You acknowledge the following:
(a) We reserve the right to shift, categorise, delete or amend any Content as we see fit. However, this does not constitute a Licensor obligation to any person to take any action whatsoever in respect of Content.
(b) If you own intellectual property rights in the Content you introduce that is not your personal, confidential information (Your Owned Content) to the Services and that Content is designated accessible to Users, then you grant us an irrevocable, perpetual and worldwide licence (that is capable of sublicence) to use Your Owned Content solely for the purpose of promoting the Services our discretion (the Content Licence).
(c) The Content Licence does not permit us to generate direct commercial returns or income from Your Owned Content either by way of licence or sale. However, you accept and acknowledge that we may possibly generate indirect income or commercial benefits for ourselves by using Your Owned Content to promote the Services to Users or to other members of the public. [Nothing in this clause will prevent you and us from entering into a separate licence or contractual relationship under which either or both parties obtain direct commercial benefits through the sale or licensing of your Owned Content.
(d) Any Content (whether it is Your Owned Content or not) that you make available through the Services will be publicly available for other Users to view, include in their Collections and in some cases modify.
If you give us any feedback concerning the Services, you grant us a
worldwide, exclusive, royalty-free licence to use any aspect of that
feedback (including any information or consequence that follows from or
is derived by us from that feedback) in any manner that we consider
8 PROHIBITED ACTIONS
8.1 What’s not permitted?
We may suspend, ban or delete your User Account if:
(a) You lie or mislead us (and, in some circumstances, other Users) about your details, your Content, or any other User’s Content (including, but not limited to instances where you present a gloss on Content that is misleading, such as writing a false or misleading review).
(b) You introduce Content that is introduced in breach of the Intellectual Property Rights of a third party. This includes any act of plagiarism or of divulging confidential information that you were obligated to protect.
(c) You commence the process of opening a new account after we have banned you from the Services or otherwise restricted or terminated your User Account.
(d) You switch your User Account to another user.
(e) You act in a manner that results in detriment to us, other Users, or if you act in a manner that we consider to be unacceptable in view of generally accepted online etiquette or behavioural standards and policies.
(f) You are involved in any activity that constitutes scraping or replicating Content from the Services for the benefit of other platforms, engines or applications not connected to or approved by us, unless the purpose of that activity is for the purposes of assisting search engines or platforms containing public web navigation indexes.
(g) You attempt to hack into or cause damage to any facet of the Services, or you attempt to access information held by us that we do not intend to divulge to you.
(h) You attempt to sabotage the operation of the Services by overloading them with data.
(i) You attempt to compile, decompile, disassemble, replicate, licence or distribute any aspect of the Services in a manner not expressly approved by us.
(j) You don’t comply with something that we require you to do.
9.1 Our Termination Rights
We can terminate these Terms at any time or for any reason and prevent you from accessing the Services. We may retain your user information, Content you have introduced, or other information personal to you for the purposes of maintaining data integrity and retrieval. Other Users may also continue to interact with your Content. If the Terms are terminated by us, all of your obligations in these Terms that are intended to continue remain binding on you.
9.2 Your Termination Rights
You can terminate these Terms at any time for any reason. If you do so, you must notify us first, then cease to use the Services in any way. If you resume use of the Services at any stage after you have notified us of your termination, you indicate that you have re-accepted these Terms, and they will bind you and us accordingly.
11 LIABILITY AND INDEMNITY
Subject to any Law applying to the Terms that expressly prevents application of this provision, our aggregate liability from anyone claim by you (whether the claim arises under the Terms, any other associated contracts, or pursuant to any action in tort, negligence or otherwise) will not exceed the larger of:
(a) the amount you have paid to us for the Services over the 6 month period prior to the date giving rise to your claim,
(b) Our costs incurred in actually supplying the Services to you again or
(c) the monetary amount equivalent to our cost in supplying the Services to you again.
Subject to any Law applying to the Terms that expressly prevents application of this provision, notwithstanding any other provision of these Terms, our liability, if any, for anything arising out of or in connection with the supply of the Services (other than any liability incurred as a result of our obligation to meet a statutory guarantee or warranty imposed by a Law), where the Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, is limited at our option to:
(d) our costs incurred in actually supplying the Services again; or
(e) the monetary amount equivalent to our cost in supplying the Services to you again. In some jurisdictions this type of limitation is not permitted, so this provision may not apply to you.
You indemnify us in respect of any Loss that we incur as a result of your breach of these Terms. You agree to defend us (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable legal fees and disbursements ) that arise from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
11.3 Services not error-free
You acknowledge that the Services are being improved on a consistent basis, and as such are not error-free.
12.1 Amendments to Terms
We reserve the right to amend these Terms and its policies whenever we consider it necessary to do so within our reasonable discretion. However, if we do so, we will notify you using the contact details set out in your User Account. If you wish to modify these Terms, you must obtain our agreement to vary the Terms in writing.
12.2 Incorporation of Policies
In accepting these Terms, you also agree
(a) to comply with all of our policies concerning the Services that are made available for all Users via the Services from time to time; and
(b) that a breach of these policies by you constitutes a breach of these Terms.
If you have a paid subscription for any part of the Services, the price of the subscription does not include any taxes that we may charge in accordance with the tax laws of the relevant jurisdiction.
You cannot assign your rights or obligations under these Terms without our prior written consent. We can novate or assign our rights or obligations under these Terms without restriction.
12.5 Automated Access
All Automated Access is also subject to these Terms. No automated software may access the site until the person responsible for the Automated Access has accepted these Terms. As such, any attempt to obtain Automated Access will be bound by these Terms.
If anything in these Terms is unenforceable, illegal or void then it is severed and the rest of these Terms remain in force, unless the severance would change the underlying principal commercial purpose or effect of these Terms.
12.7 Relationship of the Parties
You and us are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship.
12.8 Third-Party Beneficiaries
You acknowledge that there may be third-party beneficiaries to these Terms in circumstances where we are bound to enforce them in favour of our own licensors, Users or other parties contracting with us.
12.9 Waiver and Cumulative Remedies
No failure or delay by either party in exercising any right under the Terms will constitute a waiver of that right. Other than as expressly stated in the Terms, the remedies provided in the Terms are in addition to, and not exclusive of, any other remedies of a party under Laws.
12.10 Governing Law and Disputes
The Terms are governed by the Laws of New South Wales and disputes must be resolved in the non-exclusive courts of that jurisdiction. You agree that you will not be involved in an action as a class member in a class action and that all disputes must be pursued in your own name only. You and ourselves each waive respective rights to seek or be involved in any class action under these Terms or concerning any aspect of the Services.
12.11 Entire Agreement
The Terms and our policies concerning the Services, together with any of the other documents specifically referred to or incorporated in these Terms by specific reference constitute the entire agreement between the parties and supersede all prior understandings and agreements concerning its subject matter. If the Terms or our policies are amended by us, the newer version of those documents will then supersede the prior version.
13.1 General Rules
1. The promoter is: Pluckit Pty Ltd whose registered office is
at 602d/250 Anzac Parade, Kensington, Sydney 2033.
2. The competition is open to residents of Australia aged 18 years or over except employees of Pluckit Pty Ltd and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
3. There is no entry fee and no purchase necessary to enter this competition.
4. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
5. The route to entry for this competition and details of how to enter can be viewed at https://www.instagram.com/pluckit.au/ as well as https://www.facebook.com/pluckit.au.
6. Entrants can enter as many times as they want. Each comment with at least 3 @usertag will count for one entry.
7. Entries must be submitted before 11:59pm EAST on 27/04/2021. After this date, entries will not be accepted.
8. Pluckit Pty Ltd does not accept responsibility for entries not received for whatever reason.
9. Winners will be selected at random & contacted no later than 28/04/2021.
10. The rules of the Pluckit Pty Ltd Giveaway competition and how to enter are as follows:
Pluckit Pty Ltd Rules
- Entrants are required to be following @pluckit.au on Instagram or follow https://www.facebook.com/pluckit.au/ on Facebook
- Entrants must tag at least 3 friends in each comment.
- Users must leave a recommendation and submit their details at https://pluckit.com.au/leave-recommendation
- Pluckit Pty Ltd will randomly select a winner. The winner will receive a $500 Prezzee gift voucher to spend at their chosen local retailer.
11. Pluckit Pty Ltd reserves the right to cancel the competition if circumstances arise outside of its control.
12. Pluckit Pty Ltd is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
14. The prizes are as stated. The prizes are not transferable. Pluckit Pty Ltd reserves the right to substitute any prize with another of equivalent value without giving notice.
15. Winners will be chosen using a random comment selector by Pluckit Pty Ltd.
16. The winner will be notified by email and/or direct message on Instagram and/or Facebook within 14 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
17. Pluckit Pty Ltd will notify the winner when the prize will be delivered.
18. Pluckit Pty Ltd’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
19. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
20. The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.
21. All entrants agree to the use of their instagram name or business name for marketing purposes by Pluckit Pty Ltd.
22. Any personal data relating to the winner or any other entrances will be used solely in accordance with current data protection legislation and will not be disclosed to a third party without the entrant's prior consent.
14 Affiliate Program
14.1 We may run an affiliate program for the Platform from time to time that will allow you to refer non-Users (“Converted Customer”) to the Platform in exchange for an affiliate commission (“Affiliate Commission”).
(a) The Affiliate Commission will be calculated as a percentage of any fee charged by us on payable for every Business sign up (but not on any other charges, fees, levies, etc) carried out by the Converted Customer.
(b) The said percentage used to calculate the Affiliate Commission:
(i) will be specified on the Platform and may include a tiered rate and a bonus rate. The bonus rate is always subject to change and may be modified or withdrawn by us in our sole discretion.
(ii) will be applied consistently to all Converted Customers regardless of the time they became customers and the rates of Affiliate Commission that may or may not have applied at that time.
14.4 All affiliate programs will be conducted at our sole discretion and may be activated, modified or withdrawn by us without prior notice. If a new affiliate program is introduced:
(a) you will be notified by email about the new affiliate program and our intention to transfer you to the new affiliate program; and
(b) you will be automatically transferred to the new affiliate program unless you notify us otherwise within 14 days of the notice.
14.5 The Affiliate Commission will be earned only in accordance with the terms and conditions of the affiliate program you are enrolled in. This includes any new Affiliate Commission accruing from Converted Customers referred before the transfer to a new program.
14.6 You acknowledge and agree that the Affiliate Commission may vary as a result of any variation in the subscription fees chargeable by us under this Agreement.
(a) This includes all promotions and discounts on subscription prices.
14.7 When an affiliate link is used in the Customers subscription registration, the Customer will be offered a unique one-off sign up discount (up to 50%). The promotion or discounted price is only valid for the first renewal period of the subscription, in which the next due renewal will revert to the full, non-discounted price. The ongoing affiliate commission earned will then be calculated based off this initial discounted price (at the time of sign up) for the lifetime of the customer renewal.
14.8 You agree that you will not use your own affiliate link to create and register an alternate account for yourself. This practice will be considered abuse of the affiliate program and may result in immediate termination of your referral account and forfeiture of your accumulated Affiliate Commission and Bonus.