Thank you for visiting the memberbenefitsclub.leapin.com.au website (Site). The Site is powered and maintained by Member Benefits Australia Pty Ltd (ABN 12 151 525 272) (MBA) for your information and convenience.
Use of the
Member Benefits Australia services are subject to its Terms of Use. Please note
Third Party providers may also operate under their own Terms and Conditions.
By using the
Site you agree to be bound by the following terms and conditions (Terms).
Please read them carefully.
Information disclaimer
MBA does not
warrant the accuracy or completeness of any information supplied on the Site.
The information is subject to change without notice at any time. No warranty is
made that any information on or linked to this Site is complete and/or
accurate. All information contained on the Site in respect of any goods or
services does not constitute an offer to sell but an invitation to treat only,
and is subject to the availability of the products or services, which may
change from time to time.
Copyright and trademark notice
This Site is
owned and operated by MBA. Unless otherwise specified, all material appearing
on this Site, including the text, site design, logos, graphics, icons and
images, photographs, graphics, typefaces and other material (collectively
Content) as well as the selection, assembly and arrangement thereof is subject
to applicable copyright laws. Copyright ©Member Benefits Australia Pty Ltd, ALL
RIGHTS RESERVED. All audio and video clips are the sole property of MBA or
their respective content providers. All software used on the Site is the sole
property of MBA or those supplying the software. You acknowledge that the Site
contains Content, audio and video clips and software that are protected by
copyrights, trademarks, or other intellectual property rights, and that these
rights are valid and maybe protected in all forms, media and technologies which
exist now or are developed in the future. No materials from this Site may be
copied, reproduced, modified, republished, uploaded, posted, transmitted, or
distributed in any form or by any means without MBA's prior written permission.
All rights not expressly granted herein are reserved. Any unauthorised use of
the materials appearing on this Site may violate copyright, trademark and other
applicable laws and could result in criminal or civil penalties.
Disclaimer for use of site
You
expressly agree that you use the Site at your sole risk. In no event will MBA,
its directors, officers, employees, representatives, and third-party content
providers warrant that the site will be uninterrupted or error-free. In
addition, MBA does not make any warranty as to the results that may be obtained
from the use of the Site, or use of the information, content, service, or
products provided through the Site.
Further, MBA
explicitly disclaims any responsibility for the accuracy, content, or availability
of information found on sites that link to or from the site from third parties.
MBA is not responsible for the accuracy, copyright compliance, legality, or
decency of material contained in third-party sites, and you hereby irrevocably
waive any claim against us with respect to such sites.
Except in
the case of any liability that cannot be excluded by law, MBA, its directors,
employees, representatives, or any other party involved in creating, producing,
or distributing the Site will not be liable for any losses, damages,
liabilities, claims and expenses (including but not limited to legal costs and
defence or settlement costs) whatsoever, whether direct, indirect or
consequential, arising out of or referable to:
- the use
of or inability to use the Site;
- the
cost of procurement of substitute goods and services resulting from any
data, information or services purchased or obtained or messages received
or transactions entered into through or from the site;
- unauthorised
access to or alteration of your registration information, transmissions or
data;
- statements
or conduct of any third party on the Site;
- negligent
or wilful acts of MBA, its directors, officers, employees and
representatives; or
- any
other matter relating to the Site.
You agree to
indemnify and hold MBA, its related bodies, corporate, directors, officers,
employees and representatives harmless from any claim or demand, including
reasonable legal fees, made by any you or any third party due to or arising out
of the Content you submit, post to or transmit through the Site, your use of
the Site, your connection to the Site, your violation of the Terms, or your
violation of any rights of another.
Security of registration information
If use or
access to any part of the Site is subject to a logon system, you are
responsible for maintaining the confidentiality of your password and
registration and are fully responsible for all activities that occur under your
password and registration. You agree to immediately notify us of any
unauthorised use of your password or account or any other breach of security.
Your conduct
You agree
not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Site, use of the Site, or access to the Site. You
agree not to access the Site by any means other than through the interface that
is provided by us for use in accessing the Site.
Our rights
MBA may
elect to electronically monitor areas of the Site and may disclose any Content,
records, or electronic communication of any kind:
- to
satisfy any law, regulation, or government request;
- if such
disclosure is necessary or appropriate to operate the Site; or
- to
protect our rights or property or the rights of the users, our directors,
employees, representatives, sponsors, third party providers or licensors.
- we are
not responsible for screening, policing, editing, or monitoring such Content.
MBA may
terminate your access, or suspend your access to all or part of the Site,
without notice, for any conduct that we, in our sole discretion, believe is in
violation of any applicable law or is harmful to the interests of another user,
a third-party provider, or MBA.
Security and privacy
Users
acknowledge that their access to the website may be monitored and tracked by
MBA by the use of cookies and/or retailer ids. MBA does not sell, rent or give
away user information (including phone numbers and e-mail addresses). This
information is highly respected and is only used to assist MBA in providing you
with valued services. Any information provided by users or their browsers
(including cookies) will be for the use of MBA, the operator of this Site. MBA
will not disclose personal information about users or their browsing habits to
any other third party, unless users give MBA express permission to do so, or
unless required to do so by law. MBA may disclose aggregated information about
users in general and statistics related to this website to others, but in doing
so, will not disclose information about any particular individual.
Notwithstanding the above, users acknowledge that transmissions to and from
this Site may be monitored, intercepted or modified by other parties.
Linking and framing
Links to
external sites from this Site are provided for convenience only and MBA does
not endorse or make any warranty with respect to such external sites.
Site availability
MBA does not
warrant that the Site will be available at any time. Users acknowledge that the
Site may be unavailable for a number of reasons, including due to matters
beyond MBA's control, and shall not hold MBA accountable in respect of any
claims arising there from. MBA does not warrant that users access to the Site
will meet any particular performance criteria.
Applicable law
As far as
legally possible this Agreement, its terms and conditions and the Use of this
Site shall be governed by the laws in existence from time to time in Australia.
Any claim relating to the Site, the services provided through the Site or the
Content shall be governed by the internal laws of the state of Victoria and you
agree to submit to having the matter dealt with in a court in Melbourne in the
state of Victoria Australia.
Termination
These terms
are effective even if this Agreement is terminated by either party. Subject to
applicable law, we reserve the right to suspend or deny, in our sole
discretion, your access to all or any portion of the Site with or without
notice. You agree that any termination of your access to the Site may be
effected without prior notice, and acknowledge and agree that we may
immediately deactivate or delete your registration and all related information
and files under your registration and bar any further access to such files or
the Site. Further, you agree that we shall not be liable to you or any
third-party for any termination of your access to the Site.
Returns and refunds
- It is Faulty
- It is significantly different to those shown or described
- Not Fit for purpose
- Unsafe
- Cancellations
- Faulty
- significantly different to those shown or described
- Not Fit for purpose
- Unsafe
Order limitations
We reserve
the right to reject any order you place with Us, and/or to limit quantities on
any order, without giving any reason.
These
restrictions may include orders placed by the same web site account, the same
credit card, the same PayPal account and orders that use the same billing
address.
In the event
We reject an order, make a change to an order or limit an order We will attempt
to notify you by contacting the e-mail and/or billing address provided at the
time the order was made.
We reserve
the right to limit or prohibit sales to dealers or any commercial enterprise.
If We are
unable to supply all items listed on your order, this Agreement will apply to
the supply of all or part of the Order.
We may
Backorder Goods on your behalf if for any reason We are unable to supply any or
all items listed on your order. Where a Backorder has been placed on your
behalf, We will contact you by phone following delivery.
All orders are subject to stock availability with
Our supplier
We reserve
the right to cancel an order if you are unable to prove that you are the
customer (or agent/ representative) listed on the order, or if you are
ineligible to purchase goods sold on the website due to age restrictions, and
We reserve the right to not provide stock if proof of; purchase, identity or
age cannot be produced. To comply with our legal obligations you acknowledge
that We may be required to retain a copy of any identification provided.
Placing an order for Products
You may
order Products by selecting and submitting your order through the Site in
accordance with these terms and conditions.
Any order
placed through this Site for a Product is an offer by you to purchase the
particular Product for the price notified at the time you place the order.
We may ask
you to provide additional details or require you to confirm your details to
enable Us to process any orders placed through the Site.
You agree to
provide Us with current, complete and accurate details when asked to do so by
the Site.
Paying for your order
You may pay
for your order using the following payment methods: Visa; MasterCard;
Visa Debit.
Should you
pay for your order using a credit card you are limited to using 1 credit card
per transaction.
Payment
processing services offered via the Site are outsourced to third-party
providers. If We do not receive or are unable to successfully process payment
in full for your order for any reason, We will cancel your order.
If you
choose to pay by Visa or MasterCard credit card or debit card, you authorise Us
to debit the amount that is payable for an accepted order from your nominated
card.
You will be
required to provide Us with the following details on your Visa or MasterCard;
card type, name on card, card number, 3-digit or 4-digit card verification
value (CVV2) and the card expiry date.
You must not
pay, or attempt to pay, for Products through any fraudulent or unlawful means.
Pricing policy
Our website
Prices and offers are subject to change without notice.
Prices
displayed on this website are in Australian Dollars ($AUD) and where applicable
are inclusive of GST.
Typographical errors
In the event
a product is listed at an incorrect price due to typographical error or error
in pricing information received from our suppliers, MBA shall have the right to
refuse or cancel any orders placed for product listed at the incorrect price.
MBA shall have the right to refuse or cancel any such orders whether or not the
order has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled MBA shall
immediately issue a credit to your credit card account in the amount of the
incorrect price.
Discount codes – standard terms and conditions
Valid for
one use per customer and cannot be used in conjunction with any other offer.
MBA reserves the right to amend or change offers at any time.
General information
These Terms
of Use constitute the entire agreement between MBA and you and govern the use
of the Site. You may also be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. Our failure to exercise or enforce any right or provision of the
Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavour to give
effect to the parties’ intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect.