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MEMBERSHIP SUBSCRIPTION TERMS AND CONDITIONS

1. INTRODUCTION
  • 1.1.
    House of Millennium Promotion Pty Ltd (HoM Promotion) supplies Membership Subscription Products that allows its Members to access exclusive benefits, including but not limited to, free give away tickets, merchandise, special offers with its Promotional Partners (Membership Benefits).
  • 1.2.
    The Membership Subscription Products can be purchased at www.houseofmillennium.com (Promotional Website).
  • 1.3.
    The member requests to purchase the Membership Subscription Products from HoM Promotion (Member).
  • 1.4.
    HoM Promotion has agreed to supply the Membership Subscription Product to the Member.
2. INTERPRETATION
  • 2.1.
    In these Membership Conditions, unless the contrary intention appears:
  • 2.1.1.
    the singular includes the plural and vice versa;
  • 2.1.2.
    words importing one gender include other genders;
  • 2.1.3.
    a reference to an individual or person includes a partnership, body corporate, government authority or agency and vice versa;
  • 2.1.4.
    a reference to a party includes that party’s executors, administrators, successors, substitutes and permitted assigns;
  • 2.1.5.
    other grammatical forms of defined words or expressions have corresponding meanings;
  • 2.1.6.
    a reference to an act, a statute, code or other Law includes regulations and other instruments made under it and includes consolidations, amendments, reenactments or replacements of any of them;
  • 2.1.7.
    description of the Membership Subscription Product on this Promotional Website forms part of these Conditions;
  • 2.1.8.
    all monetary amounts are in Australian dollars;
  • 2.1.9.
    references to “day” means a calendar day;
  • 2.1.10.
    references to “includes” or “including” means includes or including without limitation; and
  • 2.1.11.
    headings are for convenience only and do not affect the interpretation of these Conditions.
3. REGISTRATION
  • 3.1.
    Prospective members must submit an application for membership (Application) in order to purchase a Membership Subscription Product on the Promotional Website.
  • 3.2.
    By submitting an application for membership, the prospective member acknowledges that it has read, understood and accept, and that it will be bound by, all of the Membership Conditions if HoM Promotion accept its Application.
  • 3.3.
    The prospective member will only be able to offer to purchase the Membership Subscription Products from HoM Promotion if the prospective Member has made and HoM Promotion has accepted its Application.
  • 3.4.
    Upon our acceptance of the Member’s Application, HoM Promotion will open an account in the Member’s name with its nominated email address (Account). The Member must not submit more than one application.
  • 3.5.
    Upon registration, the prospective member will become a Member of the Promotional Website. The Member can purchase the Membership Subscription Product located at Registration Page
  • 3.6.
    Applications to join as a Member are only available from the Registration Page. Members are not able to join the giveaway via any other method.
4. MEMBERSHIPS CANNOT BE TRANSFERRED
  • 4.1.
    A Membership cannot be transferred by the Member who purchased the Membership Subscription Product, to any other person.
  • 4.2.
    Any Membership that has been transferred is void and any free tickets from that Membership will not be entered into any draw or giveaway conducted by HoM Promotion.
  • 4.3.
    Any person who is a party to such a transfer may be refused entry into or disqualified from participating in the Promotion in HoM Promotion’s sole discretion.
5. SECURITY
  • 5.1.
    When the prospective member submits an application to HoM Promotion, the prospective member will be required to nominate an account password.
  • 5.2.
    The prospective member must enter its correct email address and password in order to access its Account.
  • 5.3.
    If the Application is accepted by HoM Promotion, it is the Member’s responsibility to ensure that no other person accesses the Account and makes any other purchases using its registration details. The Member must not disclose its password to anyone.
  • 5.4.
    The Member will be responsible for any use of its Account by any other person and HoM Promotion is not responsible for any loss, harm, damage whatsoever as a result of the Member’s negligence to secure its Account and credentials.
6. MEMBERSHIP SUBSCRIPTION PRODUCTS
  • 6.1.
    In consideration of the Member paying the Membership Fees, HoM Promotion agrees to provide the Membership Benefits to the Member in accordance with the terms and conditions of these Membership Conditions.
  • 6.2.
    The Membership Fees and the Membership Benefits for each Subscription Membership Product are displayed on the Registration Page of the Promotional Website.
  • 6.3.
    From time to time, the Membership Fees and the Membership Benefits for the Subscription Membership Product may change at the sole discretion of HoM Promotion.
  • 6.4.
    The Member may only change its subscription to a Membership Subscription Product at the end of the billing period.
  • 6.5.
    The Membership and the Membership Benefits will continue until otherwise terminated by the Member.
7. PRICE
  • 7.1.
    All amounts and fees stated or referred to in this Contract shall be payable in Australian Dollars only and are inclusive of GST.
  • 7.2.
    Subject to these Membership Conditions, all payments made by the Member are non-refundable, unless otherwise required by law.
  • 7.3.
    The Member shall pay all payments without any set-off, deduction, withholding, or counterclaim, including on account of any tax.
  • 7.4.
    The Promoter may increase the Membership Fees for the Subscription Membership Products at any time by providing the Members with written notice.
8. PAYMENTS
  • 8.1.
    Purchases of Membership Subscription Products can only be made on the Registration Page of the Promotional Website and not by any other means. Under no circumstances can the Membership Subscription Products be made by telephone, email, mail or direct messaging via HoM Promotion or its Promotional Partners’ social media channels.
  • 8.2.
    Members must not purchase Membership Subscription Products on behalf of others, or resell, or attempt to resell, the Membership Subscription Products offered for sale by HoM Promotion.
  • 8.3.
    By purchasing a Membership Subscription Product, the Member is offering to make the purchase selected by it, and the Member authorise HoM Promotion to debit from its nominated debit/credit card the Membership Fee of the Membership Subscription Product displayed on the Registration Page.
  • 8.4.
    If the debit/credit card nominated by the Member in payment for the Membership Subscription Products is dishonoured:
  • 8.4.1.
    the HoM Promotion may refuse to supply the Membership Subscription Product and any Membership Benefits until satisfactory payment is received in full; and
  • 8.4.2.
    the HoM Promotion is entitled to treat the dishonouring of the payment as a repudiation and to:
  • 8.4.2.1.1.
         elect between terminating this agreement or affirming this agreement; or
  • 8.4.2.1.2.
         claim any damages suffered as a result of the repudiation of this agreement by the Member.
  • 8.5.
    Once the Member has purchased the Membership Subscription Product, that order is final and cannot be cancelled or amended, unless otherwise agreed by HoM Promotion in its sole discretion.
  • 8.6.
    In the event that HoM Promotion is unable to fulfil an offer to purchase the Membership Subscription Product for any reason whatsoever, the offer to purchase is void and a full refund will be made to the Member within 5 Business Days.
9. TERMINATION
  • 9.1.
    The Member may terminate the Membership at any time, and it will continue to have access to the Membership Benefits through the end of the billing period.
  • 9.2.
    HoM Promotion does not provide refunds for any partial membership periods or unused Membership Benefits.
  • 9.3.
    Upon termination and after the end of the billing period, HoM Promotion shall cease to be obliged to provide the Membership Benefits under the Membership Conditions.
10. INTELLECTUAL PROPERTY
  • 10.1.
    All intellectual property of the Membership Subscription Products and the Membership Benefits belong to HoM Promotion or its Promotional Partners. At no time shall any rights, interests or title in any intellectual property be passed to the Member.
11. CUSTOMER CONSENT
  • 11.1.
    In this clause, the definition of Personal Information shall have the meaning set out in the Privacy Act 1988 (Cth).
  • 11.2.
    The Member acknowledges and consents that HoM Promotion may transfer the Member’s data and Member’s personal information to any of its group of companies or to its Promotional Partners.
12. INDEMNITY
  • 12.1.
    To the extent permitted by law, the Member indemnifies HoM Promotion and its Promotional Partners, or its related bodies corporate, directors, officers or employees associated with this Promotion on an indemnity basis against all loss, damage, claims, demands, suits, actions, proceedings, orders or judgments whatsoever and howsoever arising out of or in respect to the supply of the Membership Subscription Products by HoM Promotion to the Member.
  • 12.2.
    HoM Promotion is not liable for any loss arising in the course of its conduct as supplier of the Membership Subscription Product to the Member including, but not limited to:
  • 12.2.1.
    any breach of any conditions or warranty given by the HoM Promotion expressly or by operation of any statute in respect of those Membership Subscription Product;
  • 12.2.2.
    any claim arising by reason of the use of the Membership Subscription Product including all claims for actual or alleged infringement of any letters patent, trademarks, copyright, design, confidential information or similar protection whether granted by the Commonwealth of Australia or any foreign state or the common law; or
  • 12.2.3.
    any legal costs incurred by the Member in relation to meeting any claim or demand or any party or party legal costs for which the Member is liable in connection with any such claim or demand;
  • 12.2.4.
    any loss, destruction, alteration or disclosure of the Member’s data provided by it to HoM Promotion (Member’s Data) caused by any third party, except to the extent that the loss, destruction, alteration or disclosure of Member’s Data is caused or contributed to by HoM Promotion or its Promotional Partners.
  • 12.3.
    This provision remains in force after the termination of these Membership Conditions.
13. DISPUTE RESOLUTION
  • 13.1.
    If a dispute between the parties arises in connection with these Conditions (Dispute) then either party must deliver to the other party a written notice of dispute adequately detailing the Dispute (Notice of Dispute).
  • 13.2.
    Promptly after service of a Notice of Dispute, the parties must attempt to resolve the dispute. The parties must meet at least once, and must be represented by a person with authority to resolve the Dispute.
  • 13.3.
    If the Dispute has not been resolved within 20 Business Days of service of a Notice of Dispute, the Dispute may be referred to mediation.
  • 13.4.
    If the dispute is referred to mediation:
  • 13.4.1.
    the mediator shall be agreed between the parties within 5 Business Days of the date of the referral of the dispute to mediation, or failing agreement, either party may request that the President for the time being of the Commercial Bar Association of Victoria appoint a mediator;
  • 13.4.2.
    the costs of the mediation shall be equally shared by the parties;
  • 13.4.3.
    the mediation will be conducted by the mediator at a time and place agreed between the parties or otherwise nominated by the mediator, within 20 Business Days of the referral of the dispute to mediation subject only to the availability of the mediator.
14. NOTICES
  • 14.1.
    Any notice or other communication required or authorised under this Conditions, to be given to a person must be in writing and may be:
  • 14.1.1.
    given personally to the person;
  • 14.1.2.
    left at or sent by prepaid post to the person’s address;
  • 14.1.3.
    sent by email to the person’s current email address
  • 14.2.
    A notice or other communication is taken to be received by the recipient:
  • 14.2.1.
    if given personally, at that time;
  • 14.2.2.
    if sent by prepaid post, within Australia to an Australian address, 2 Business Days after the date of posting;
  • 14.2.3.
    if sent by email, when the email has left the sender’s email server.
  • In all cases, a notice or communication received after 4.00pm in the place of receipt or on a day that is not a Business Day is taken to be received by the recipient on the next Business Day.
15. VARIATION
  • 15.1.
    The Promoter may vary these Membership Conditions at any time by providing written notice to the Member (Variation Notice).
  • 15.2.
    The Variation Notice will set out:
  • 15.2.1.
    the variation; and
  • 15.2.2.
    the date on which it will take effect.
  • 15.3.
    The notice will be posted by the HoM Promotion on the Promotional Website and may be communicated to the Member in accordance with clause 14.
  • 15.4.
    By continuing the use of the Promotional Website, or by continuing to purchase the Membership Subscription Products from the date set out in the notice, the Member will indicate it’s agreement to these variations.
  • 15.5.
    If the Member do not agree with the variations, then it must immediately cease use of the Promotional Website, and take steps to terminate its Membership with the HoM Promotion.
  • 15.6.
    The HoM Promotion reserve its right, at any time and without notice, to amend it’s Promotional Website.
16. ASSIGNMENT
  • 16.1.
    The Member agrees that the HoM Promotion may at any time appoint or engage an agent or one of its Promotional Partners to perform an obligation of the HoM Promotion arising out of or pursuant to these Membership Conditions.
  • 16.2.
    The HoM Promotion has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these Membership Conditions provided that the assignee agrees to assume any duties and obligations of the HoM Promotion owed to the Member under these Membership Conditions.
  • 16.3.
    The Member is not to assign, or purport to assign, any of its obligations or rights under these Membership Conditions without the prior written consent of the HoM Promotion.
17. ENTIRE AGREEMENT
  • 17.1.
    These Membership Conditions constitutes the whole agreement between the parties and supersedes all prior representations, warranties, arrangements, understandings and agreements between the Promoter and the Member.
18. SEVERANCE
  • 18.1.
    If any provision of these Membership Conditions are or becomes illegal, invalid, unenforceable or void, the legality, validity and enforceability of these Conditions will not be affected (unless the Membership Conditions is rendered incapable of operation in the absence of such provision) and these Membership Conditions will be read as if the provision had been deleted.
19. WAIVER
  • 19.1.
    The failure of either party at any time to enforce any of the terms or provisions of this agreement or to exercise any right under these Membership Conditions does not constitute a waiver of any such right or affect the party’s privilege to enforce that right.
20. GOVERNING LAW
  • 20.1.
    These Membership Conditions are governed by and construed in accordance with the laws exercised by courts in the state of Victoria.

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