Terms of Service

These terms of Service outline the conditions for which AusClub Pty Ltd (ABN 11 672 787 996) (“AusClub”, “we”, or “us”) provides you access to our promotional events, and governs your use of our website located at www.ausclub.com.au (the Site), and the AusClub Members platform accessible through the Site (the Software) and the information, content, features and services provided through the Site (together with the Software, collectively, the Service). By using the Site, Platform, or Service, or by purchasing a one-time-package or a VIP membership, you agree to comply with and be bound by these Terms of Service, including any modifications that AusClub makes from time to time. If you do not consent to these terms of service, you are not permitted to use the Site or the Service. AusClub reserves the right to modify these terms of service at any time by publishing the amended terms of service on the Site, and you agree that you will be bound by any changes to these terms of service. AusClub may make changes to the Site and/or the Service at any time. You acknowledge that AusClub holds the right to discontinue or restrict your use of the Site and/or the Service for any or no reason, with or without prior notice.

1. Privacy Policy

By clicking purchasing a membership and using our platform or entering one of our promotional giveaways, you represent that you have read and consent to our Privacy Policy in addition to these terms of service. AusClub may revise the Privacy Policy at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must cease using the Site and/or the Service immediately.

2. The Service

The AusClub Site is a membership platform that offers its members an AI-driven chat service powered by ChatGPT, a collection of digital wallpapers and other services. Members can access a member’s dashboard where they can utilise the services and features on offer and manage all their payments based on their chosen package, and update details as needed. AusClub may, at its sole discretion, add, change, modify, suspend or discontinue any portion of the Service, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to these terms of service. In addition, AusClub may enforce limits on any portion of the Service or restrict your access to portions of or the entire Site at its sole discretion without notice or liability. Availability of the services may vary and is not guaranteed.

3. Refunds, Returns & Exchanges

When you purchase a membership or a one-time package for our member platform, you support the AusClub brand. VIP Memberships and one-time packages purchased during a promotional period or giveaway are non-refundable. Our products and services are backed by guarantees that cannot be excluded under Australian Consumer Law. For major failures, you are entitled to cancel your service contract with us; and a refund for the unused portion or compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service. Refunds or rectifications cannot be given for reasons such as change of mind or failure to not understand properly.

4. Account Registration

To engage with certain parts of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). Registration is limited to individuals 18 years or older. During the registration process, you may need to provide your name, address, email address and/or similar information and to select a password. You agree that all information you provide to AusClub for purposes of creating an account will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of these terms of service and may result in the immediate termination of your Account. You must update your account information to keep it true, accurate, current, and complete and maintain the confidentiality of your password. In creating an Account, you must not:

• Select or use the email address or username of another person with the intent to impersonate that person;
• Use a name subject to the rights of any other person without authorisation; or
• Use an email address or username that is profanes, offensive, or otherwise inappropriate

You may not share or transfer any Account or reveal your password to anyone. You agree to immediately notify AusClub by sending an email to support@ausclub.com.au of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. AusClub is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

5. Termination of Account

You understand and agree that you have no ownership rights in your Account and AusClub may stop offering the Service at any time. Further, AusClub may cancel your Account, delete all of your information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of these terms and conditions. AusClub will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service. You can cancel your account at any time, simply e-mail support@ausclub.com.au and request cancellation. Once the request has been made, the administration team will process your cancellation request within 24 business hours. AusClub reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled.

6. One-Off Membership Packages VIP Memberships

Choose between a Once off Package or become a monthly VIP Member to access the AusClub Platform. Details are available at AusClub Membership Terms & Conditions.

7. Termination of VIP Membership

To cancel your VIP membership, please email support@ausclub.com.au. Once the request has been made, the administration team will process your cancellation request within 24 business hours. By cancelling, you this stops all future payments and removes the bonus accumulated entries from all future promotional giveaways. Cancelling your membership does not remove you from our mailing or text lists, please use the associated links as they are sent via third parties. If payment fails, there will be 4 automatic attempts made to bill it over 20 days from the initial payment failure. After the final attempt, if there are inadequate funds, your subscription will be terminated, and your VIP streak will be lost. If you cancel your subscription, Stripe does not allow for its reactivation, and all accumulated history for that subscription will be lost. To continue your subscription, please email us at support@ausclub.com.au. Please note that the system only allows for 4 attempts, which is inclusive of any manual attempts made by the user to charge the account.

8. Site and Service Usage

You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to

• make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
• institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or
• attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service.
• obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data;
• intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device;
• use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or Software.

Furthermore, you may not use the Site to develop, generate, transmit or store information that:

• is defamatory, harmful, abusive, obscene or hateful;
• in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service;
• performs any unsolicited commercial communication not permitted by applicable law;
• constitutes harassment or a violation of privacy or threatens other people or groups of people;
• is harmful to children in any manner;
• violates any applicable law, regulation or ordinance;
• makes any false, misleading or deceptive statement or representation regarding AusClub and/or the Site or Service or
• constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit, or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patents, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation:

• to maintain any Comments in confidence;
• to pay to you or any third party any compensation for any Comments; or
• to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.

Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed:

• when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena);
• to satisfy any applicable laws or regulations
• where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit card theft reduction;
• when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and
• in order to protect the rights or property of AusClub, including to enforce these terms and conditions. By entering into these terms and conditions, you hereby provide your irrevocable consent to such monitoring, access and disclosure.

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. We reserve the right to limit access to AI services at our discretion. Usage may be restricted when certain limits, which are determined based on a range of factors including but not limited to system capacity, and fair use, are reached. You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third-party rights rests solely with you. The Site and the Service are operated by AusClub in Australia. Those who choose to access the Site, and/or the Service from locations outside of Australia can do so on their own initiative and are responsible for compliance with applicable local laws.

9. Hyperlinks

The Site may contain links to websites operated by other parties. AusClub provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of AusClub, and AusClub is not responsible for the content available on the other sites. Such links do not imply AusClub endorsement of information or material on any other site and AusClub disclaims all liability regarding your access to and use of such linked websites. You may not place a link to the Site on another website without our prior written consent. You must adhere to AusClub linking policy as follows:

• the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MCA and/or its licensors’ names and trademarks;
• the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with AusClub;
• when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site; and
• AusClub reserves the right to revoke its consent to the link at any time and in its sole discretion.

10. AusClub Intellectual Property and Intellectual Property Infringement

The interfaces, content, arrangement and layout of the Site including, but not limited to, the AusClub trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (AusClub Intellectual Property) are the property of AusClub, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Australian. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of AusClub. You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any AusClub Intellectual Property or third-party content located on the Site in any manner not expressly permitted under these terms and conditions.

11. Liability

We do not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act (2010) which cannot be excluded, restricted, or modified. However, the remainder of this clause will apply to the fullest extent permitted by law and we and our partners are not be liable (including in negligence) for any loss (including but not limited to indirect, special or consequential loss or loss of profits), expense, damage whatsoever which is suffered or for any personal injury, illness or death suffered or sustained in connection with AusClub membership, except for any liability which cannot be excluded by law.

12. Giveaway Disclaimers

By becoming a member or Customer of AusClub the individual agrees to enter the Contest and Agrees that: Any and all disputes, claims and causes of action arising out of or in connection with the Contest and the promotional gifts shall be resolved individually with any form of class action; Any claims judgments and awards shall be limited to actual out of pocket costs incurred in entering the Contest, but under no circumstances will AusClub be responsible for any legal fees; Individuals hereby waive all rights to claim 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 the contest. In no event will AusClub, their licensees, parents, affiliates, subsidiaries and related companies, their advertising or promotional agencies or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from access to, or use of, this website, electronic or computer malfunctions, or entrant participation in this contest, even AusClub was advised of the possibility of such damages. AusClub reserves the right to disqualify any individual found to be tampering with or otherwise abusing any aspect of this Contest as solely determined by AusClub.

13. Complaints and Disputes

If you have a complaint about our Site, Platform or Service, you must submit your complaint in writing to us via email at support@ausclub.com.au. We may or may not, at our sole discretion, investigate your complaint, depending on the nature of the complaint. In accordance with this section, and to the fullest extent available under law, you agree not to bring any court or tribunal proceedings against us in respect of any complaint unless you comply with the requirements of this clause.

14. Contact

Email: support@ausclub.com.au
Phone: +61 426 831 215
Address: Scarborough 6019, WA, Australia