Terms & Conditions

Website T&C – Impact Giveaways

Last updated: June 2024

1. Introduction
   1. By using this website (located at www.impactgiveaways.com.au), any related websites or URLs, social media platforms owned or operated by us (Sites) and our services, including making a purchase of the Goods through the Sites, purchasing a membership (Membership) from us and use of our contact form (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms).
   2. By agreeing to these Terms, you are entering into an agreement with Impact Giveaways Pty Ltd (ACN 655 001 317), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Impact Giveaways or we or us).
   3. By accessing or using our Services, you warrant and represent to us that:
      1. you have read, understand and agree to be bound by these Terms;
      2. you are over the age of 18 years old.
      3. you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
   4. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.
2. Use of the Services

Use of Services

1. 1. You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your account or internet connection are aware of, and compliant with, these Terms.
   2. You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access or use the Services or redeem any Membership benefits and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
   3. You agree that Impact Giveaways may share your email address and name with Ronald McDonald House Charities Northern NSW and consent to the charity
      sending marketing material. This service can be opted out of any time by following the prompts.
   4. When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us.  You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy.
   5. You agree that you will not:
      1. engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of the aforementioned categories;
      2. disclose or share your password or login information for the Services with any party;
      3. use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user’s use of the Services;
      4. copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only arcuate and current photos), name, age, identity, affiliation, connection or association with, any other person or entity;
      5. use the Services to promote or solicit involvement in or, support of a political platform, religion, cult, or sect;
      6. post a person’s personal information or images without express permission;
      7. solicit or engage in any illegal or unlawful activity;
      8. use the Service to redirect users to other websites or encourage users to visit other websites;
      9. use the Service for any phishing, trolling or similar activities;
      10. defraud, scam, hack, swindle or deceive other users of the Services;
      11. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
      12. circumvent, disable or otherwise interfere with security-related features of the Services or features that determine whether you are acting in accordance with the Terms;
      13. attempt to access any Services or area of the website that you are not authorised to access;
      14. allow third parties to access and use the Services via your account;
      15. collect or solicit another person’s personal information or images for commercial, inappropriate or unlawful purposes;
      16. use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;
      17. embed, frame, include or imitate any part of the Services on another website, application or other Platform, without our prior written authorisation;
      18. use any kind of code, program or device containing reference to Impact Giveaways or the Services in order to direct any person to any other website for any purpose;
      19. resell, rent out or make any commercial use of the Services;
      20. use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
      21. attempt to mislead others as to the origin of any information through the services by copying, forging or manipulating identifiers such as headers, footers or signatures;
      22. use automated methods or processes to use or access the Services or create user accounts;
      23. attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services;
      24. cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Services or other users of our Services; or
      25. use the Services other than for their intended purpose.

User Accounts

1. 1. To access and use the Services, you may be required to register for a user account.
   2. You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password.  When you register an account with Impact Giveaways, please note that your personal information will be accessible by Impact Giveaways in accordance with our Privacy Policy, and Payment Gateways.
   3. Impact Giveaways retains the right to screen and verify your identity in our sole discretion.  You agree to submit to such screening and to provide to Impact Giveaways at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, copies of photo identification (such as drivers licence and passport) or other identifying documentation if applicable.
   4. You understand that Impact Giveaways may, in its absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, Membership or membership at any time and for any reason, without notice to you, including if it is found that you have, or are suspected of, violating these Terms.
   5. Our Services may provide you with the opportunity to publish User Content. Please note that your name and location published to Impact Giveaways will be publicly displayed on the Service and other users will have access to this information may use it or share it with third parties. If you choose to voluntarily disclose any other information in your use of the Services, that information will be considered public information and the protections of our Privacy Policy may not apply.
   6. You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your internet connection are aware of and compliant with, these Terms.
   7. You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
   8. By uploading, publishing, transmitting or making available any data, content or other material to Impact Giveaways, including as a Publisher, your experiences or Publisher Services or as an End-User your requests for Publisher Services (User Content), you agree to grant Impact Giveaways, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.

User Content

1. 1. You agree that User Content you provide to Impact Giveaways may be made publicly accessible to third parties, including other users or visitors of the Services.  You agree that Impact Giveaways is not liable to you for the use or access of User Content by third parties.
   2. By uploading, publishing, transmitting or making available any User Content to Impact Giveaways, you warrant and represent to Impact Giveaways that:
      1. you hold all the intellectual property rights to the User Content and have the authority to upload or make available the User Content and licence the User Content to Impact Giveaways;
      2. our use of the User Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party;
      3. any User Content you associate with the Services or send to other users is accurate, complete, not false and not misleading;
      4. the disclosure and use of the User Content to Impact Giveaways will not cause harm to any other user or third party, or violate their rights including any patent, trade mark, trade secret, copyright or other intellectual property or proprietary right (such as User Content that contains copyrighted material without permission) or right to privacy;
      5. the use by Impact Giveaways of the User Content will not breach the security of Impact Giveaways or its users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content;
      6. the disclosure and use of the User Content by Impact Giveaways does not violate these Terms or other policies, or any applicable law, rule or regulation;
      7. the User Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content;
      8. the User Content does not promote or cause harm or intimidation of any kind against any group or individual;
      9. the disclosure and use of the User Content by Impact Giveaways does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights;
      10. the disclosure and use of the User Content by Impact Giveaways will not bring Impact Giveaways into disrepute; and
      11. the User Content does not contain, promote or enable illegal or unlawful activities.

Rights and liability of Impact Giveaways in relation to User Content

1. 1. Impact Giveaways retains the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit User Content, however Impact Giveaways is not obliged to do so.
   2. You agree that Impact Giveaways may require you to remove, amend or delete User Content and that you must comply with such requirement within one (1) day of written notice to you.
   3. You acknowledge and agree that Impact Giveaways does not control, take responsibility for, or assume any liability for, any content submitted by you, or other Users of the Services or any third parties, and that Impact Giveaways is not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  You agree to release Impact Giveaways and its agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other Users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
2. Membership
   1. You may purchase a Membership via the Sites and receive a certain type of access to the Sites depending on the tier of the Membership for a specified period of time (Membership Period) at checkout. The Membership and their details and prices are listed on the Sites and may be amended from time to time. This clause 3 applies if you have purchased a Membership.
   2. Your Membership subscription will commence on once the Fees are paid and continue for the Membership Period, subject to you paying the Fees as set out on our prices page (Fees) for your relevant membership tier (Membership Tier).  Your Membership Tier will list the scope of your Membership, including your relevant inclusions and limits.
   3. Each Membership Tier provides you with access to specific inclusions.  If you reach the limit of such inclusions, you will be prompted to upgrade your Membership Tier in order to obtain additional inclusions.  If you select to upgrade your Membership Tier, you agree to the new Fees and inclusions notified to you at the time of such upgrade.
   4. To access and use the Membership, you will need to register for an account with Impact Giveaways by completing your details here.
   5. You agree that you are solely responsible for maintaining the confidentiality of your account details and credentials, including your password.

Payment

1. 1. Upon purchase of any Membership, you authorise Impact Giveaways and our relevant payment processors to obtain payment from you for the Membership as and when our Fees become due (including, without limitation, ongoing membership fees plus relevant taxes and duties) and to store your payment information and any other information related to your payment or provision of the Services as outlined in our Privacy Policy.
   2. From time to time, Impact Giveaways may offer various payment methods, including without limitation, payment by credit card, by debit card, by mobile payment providers or by payment gateway websites. When you select to pay Impact Giveaways for a Membership, you authorise Impact Giveaways to charge you through any payment method(s) you select when making your initial purchase and you agree to continue to make payments using that payment method for the term of your Membership. The Membership will be automatically renewed at the end of each Membership Period in accordance with your membership tier, unless terminated earlier in accordance with these Terms.
   3. You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or account numbers.
   4. Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us.  Your non-termination or continued use of the Membership reaffirms that we are authorised to charge your Payment Method.
   5. If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel your use of the Service without notice, including the right to delete your account and any content affiliated with the Service and you must pay us for any costs or expenses we incur due to or in connection with your non-payment or breach of these Terms, including but not limited to any legal, enforcement or collection costs and we may charge interest of 10% p.a. on any unpaid overdue amounts.

Pricing

1. 1. Impact Giveaways reserves the right, in its sole discretion, to offer free trials and other promotions of its Services.  You agree that all prices for Membership are subject to change in our sole discretion provided that if you have signed up to a Membership, we will notify you of any increase to the subsequent term no later than 10 days before the end of the then current term.
   2. If we do not notify you 10 days before the end of your then current term of any price increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Membership at the price prior to the price increase for a period of 10 days following which you may terminate the Membership with immediate effect (provide notice is received within the 10 days’ notice of the price increase) or continue the Membership at the increased price.
   3. Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.
   4. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services.  Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.

Cancellation

1. 1. You may cancel your Membership at any time, at least 7 days prior to your next scheduled delivery, on the Account Settings page.
   2. If you cancel your Membership, your Membership benefits will continue until the end of your then current membership term, but your Membership will not be renewed after that term expires. Except in accordance with Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or if we cancel your membership without cause, you will not be entitled to a prorated refund of any portion of the Membership fees paid for the then current membership term.
   3. Impact Giveaways provides remedies (such as cancellation of your Membership, a renewal of your Membership or where necessary, a refund of amounts paid) if the Membership are not provided in accordance with the Australian Consumer Law.

Automatic Renewal of Memberships

1. 1. If you have purchased a Membership and you do not cancel your Membership, prior to the end of the Membership term, your Membership will be automatically renewed at the end of each term for a further term of the same duration as the expiring Membership term for our then-current Fee.
   2. You acknowledge and agree that your payment method will be automatically charged for such Fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your Membership is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorisation from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable membership fees and you do not subsequently cancel your membership.
   3. You warrant and represent to us that at all times during the term of your Membership Period you will ensure that we have valid and up to date payment details, including credit card details and you grant us the authority to automatically debit the Fees due to us from the payment methods you have provided to us, including credit card.  The parties agree that this authority will remain in force until either party validly terminates these Terms. It is your responsibility to ensure that all charges processed are accurate.   You agree that you will notify us within 30 days from a billing date if any charge is not accurate after which date you will be deemed to have accepted all charges and to have waived any claim regarding a disputed charge.
2. Your information, errors and access

Current Information Required

1. 1. You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).
   2. Where your Payment Method is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your Payment Method, you agree to notify Impact Giveaways as soon as you become aware of the issue.  Failure to provide such information to Impact Giveaways may result in charges to your current Payment Method for the Membership, and you acknowledge that you remain responsible for these charges.

Errors and Incorrect Payments

1. 1. Impact Giveaways reserves the right to correct any errors or mistakes that may result in incorrect payment for any Services, including Membership and may, in its absolute discretion, return or refund all or some of the amount of the payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made.

Termination or suspension of your access or use of the Services

1. 1. You agree that Impact Giveaways may, in its sole discretion, immediately and without notice to you, terminate, limit your access to, or suspend your access or use of, the Services, including but not limited to by blocking your IP address or email and blocking, deactivating or deleting your Impact Giveaways account or terminating your licence to use Impact Giveaways intellectual property  if you breach or become in breach of any of these Terms and Impact Giveaways shall be released from its obligations to you under these Terms and shall not be liable to refund to you any pre-paid Membership fees or for any loss caused to you by such action.  If your Services have been terminated due to your breach, you agree that you will not create another Impact Giveaways account without the prior written consent of Impact Giveaways.
   2. You agree that Impact Giveaways may, in its sole discretion, immediately and with 5 days’ notice to you, terminate, limit your access to or suspend your access or use of the Services for any reason.  Impact Giveaways may, at its election:
      1. continue to provide your Membership benefits until the end of your then current membership term, cease providing the Membership after that term expires; or
      2. immediately cease providing the Services or Membership benefits and provide a prorated refund of any portion of the Membership fees paid for the then current membership term.
2. Orders and cancellations
   1. You agree that any purchase of goods through our Services (Goods) is subject to these Terms.  For the avoidance of doubt, your purchase of a Membership constitutes a purchase of Goods.

Orders

1. 1. An order is accepted upon the latter of the following to occur:
      1. you have submitted your order;
      2. you have paid the purchase price in full, including any taxes, duties and shipping costs; and
      3. we have issued an order confirmation.
   2. By placing an order, you are making an offer to purchase those Goods for the price (including the delivery and other charges and taxes) specified at the time that you place your order.
   3. Impact Giveaways reserves the right to:
      1. accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your order;
      2. request identification from you, including photo ID or any other such documentation for verification purposes before we process your order;
      3. cancel an order at any time, for any reason; or
      4. restrict the quantity or total value of goods available for purchase to each person or address.
   4. Where we exercise the rights above, we will notify you by email and suggest an alternative goods, remove an item from an order or provide a refund of the purchase price where applicable and Impact Giveaways shall not be liable for any loss or damage whatsoever arising from such acts.

Cancellations

1. 1. Please note that you cannot cancel or amend an order once it has been placed (except as required by Australian Consumer Law). 
   2. In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Impact Giveaways as a direct result of the cancellation (including, but not limited to, any loss of profits).
2. Goods

Product images

1. 1. Whilst we have made every attempt to show textures, appearances and colours of our products as accurately as possible, product images may vary from the delivered Goods depending on your monitor, settings and computer equipment.  Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price.  You must ensure that you carefully read the title and description before making a purchase.

Availability of Goods

1. 1. All orders are made subject to availability.  Whilst we use our best efforts to ensure that Goods are available for purchase, there may be some circumstances where Goods are unavailable.
   2. Where we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order.  Please note that we may need to reject your order or reject part of your order on this basis.
   3. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable goods.  Alternatively, we may contact you to advise you of a delay in restocking a particular good and a delay in delivery of your order.  In this case, you may elect to proceed with your order on the basis of a delayed delivery date, cancel your order or select an alternative good. If you do not vary or cancel your order within two (2) business days of notification, you are deemed to have accepted the delay.
   4. We reserve the right to limit the sale of goods to reasonable or normal household quantities.
   5. If Goods are not delivered within a reasonable time after the estimated date, please contact us.
2. Promotions and discounts
   1. Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘20% Off’ Sale.
   2. Impact Giveaways reserves the right to:
      1. terminate, modify or extend any promotional offer at any time, without notice; or
      2. cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
3. Termination
   1. You may terminate the Membership by cancelling via the Services dashboard and your Subscription will terminate at the end of your Subscription Period.
   2. Without prejudice to any other remedies, Impact Giveaways may immediately suspend or terminate the Services, or these Terms, or cease offering the Services, in its absolute discretion, at any time and without notice to you if:
      1. you are in breach of any obligation (including those relating to payment) under these Terms which has not been remedied after seven (7) days written notice;
      2. you have breached these Terms and that breach is not capable of remedy;
      3. any money payable to Impact Giveaways becomes overdue, or in Impact Giveaways’ opinion, if you will be unable to make a payment when it falls due;
      4. you become or are suspected to be, insolvent, convene a meeting with your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of your creditors; or
      5. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any of your assets, and

any amounts owing to Impact Giveaways at the time of the suspension or termination shall become immediately due and payable.

1. 1. Impact Giveaways may terminate these Terms at any time and for any reason on 30 days’ notice without the requirement to provide you with reasons. If Impact Giveaways terminates these Terms under this clause 8 then any pre-paid and unused portion of your Fees will be refunded, except as required by law, in no other instances will any Fees be refundable. Impact Giveaways will not be liable to you for any further loss or damage arising out of or in connection with Impact Giveaways exercising its rights under this clause.
   2. Impact Giveaways may suspend the Services and suspend your access to the Services or any part of the Services until any relevant Fees have been paid in full or until any breach of these Terms is remedied.
   3. Upon termination of these Terms, Impact Giveaways may immediately remove any access to the Services, disable the Services and/or delete your account and data.
2. Intellectual Property
   1. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to Impact Giveaways, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
   2. You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Impact Giveaways.
   3. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Impact Giveaways’ intellectual property rights, whether by estoppel, implication or otherwise. Impact Giveaways reserves all rights not expressly granted in the Services.
3. Privacy
   1. You agree to allow Impact Giveaways to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy.  Please see our Privacy Policy for information about our privacy practices.
4. Unauthorised access and malicious materials
   1. You must not attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services.  You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Services or other users of our Services.
   2. To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
5. Third Parties
   1. Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties.  Links in the Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms.  We do not accept any liability for any information on, or the privacy practices of, any third party websites.
   2. Impact Giveaways make no representations or warranties regarding any third party Goods or, services and discounts and takes no responsibility and assumes no liability for any third-party Goods, services or discounts. Third-part Goods, services and discounts are subject to the applicable terms and policies of the third parties that offer them.
6. Limitation of Liability
   1. To the maximum extent permitted by law, neither Impact Giveaways, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
      1. any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
      2. any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;
      3. any errors in, or omissions from, the information contained in the Services;
      4. any goods or services supplied by Impact Giveaways; or
      5. these Terms or any breach of these Terms.
   2. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
   3. To the maximum extent permitted by law, Impact Giveaways’ liability under these Terms shall be limited to any one or more of the following:
      1. the replacement of the Goods or re-supply of equivalent goods or services;
      2. the repair of such Goods or services;
      3. the payment of the cost of replacing the Goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or
      4. the payment of the cost of having the Goods repaired.
   4. To the extent permitted by law, Impact Giveaways expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law.  Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
   5. This clause 13 survives termination of these Terms.
7. Disclaimer of Warranty
   1. Impact Giveaways provides the Sites and their contents on an “as is” basis and use of this information is at your own risk.  While we aim to update the Sites regularly, neither Impact Giveaways, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.
   2. We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through our Services, without notice.  You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.
8. Competition Disclaimer
   1. You acknowledge and agree:
      1. that any and all disputes, claims and causes of action arising out of or in connection with your Membership, any competition, contest, giveaway or trade promotion managed or operated by us (Competition) and any Goods must be resolved individually without any form of class action;
      2. that in addition to the limitation of liability in clause 13, any claims, judgments and awards will be limited to actual out-of-pocket costs incurred in entering into any Competitions, and under no circumstances will Impact Giveaways be liable for any legal fees;
      3. to waive all potential rights to punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket expenses incurred in entering into or participating in any Competitions;
      4. in the event any Competitions are compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of Impact Giveaways, that corrupt or impair the administration, security, fairness or proper operation of any contests or competitions associated with the Membership, Impact Giveaways reserves the right to suspend, modify or terminate your Membership and/or your entry into such Competition.
9. Release and Indemnity
   1. You agree to release and indemnify and hold Impact Giveaways and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the Impact Giveaways, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
   2. This clause 16 survives termination of these Terms.
10. Amendments and correction of errors
    1. Impact Giveaways reserves the right to amend these Terms from time to time as it sees fit.  Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.    
    2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
    3. Impact Giveaways reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.
11. General
    1. Waiver: Any failure or delay by Impact Giveaways in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Impact Giveaways from exercising that power or right or any other power or right.  We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.  This clause survives termination of these Terms.
    2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation.  You agree that Impact Giveaways will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.
    3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms.  Such invalidity does not affect the validity of the remaining provisions of these Terms.  This clause survives termination of these Terms.
    4. Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Impact Giveaways and you or any other party unless expressly stated otherwise.
    5. Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings.  Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail.  This clause survives termination of these Terms.
    6. Jurisdiction: These Terms are governed by the laws of New South Wales, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts.  Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This clause 18survives termination of these Terms.