- These terms and conditions form the complete agreement between Exclusive Boys Club Pty Ltd (EBC) and you, the member (referred to as “you“, “your” or the “member“).
- By agreeing to purchase a membership, browsing the EBC Website or using any facility or services made available through it, you agree to be bound by the Terms and Conditions contained herein.
- EBC reserves the right to change these terms and conditions or membership benefits where necessary at any time without prior notice.
- EBC reserves the right to change, from time to time, the services available to members.
- Any variations made to these terms and conditions may be made by EBC without express written notice to existing members and will be effective on the day the terms and conditions are posted on EBC’s website. Your continued use of the EBC Website will be deemed to constitute your acceptance of the new terms and conditions
- Nothing in these terms and conditions affects your non-excludable statutory rights.
Breach of Duty means the breach of any obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
Discount means a discount advertised on the EBC Website subject to these terms and conditions, which entitles you (but not anyone else) to redeem at the respective Participating Retailer;
EBC Website means the website located at exclusiveboysclub.com.au;
Liability means liability in or for breach of contract, Breach of Duty, restitution or any other cause of action whatsoever relating to or arising under or in connection with these terms and conditions, including, without limitation, liability expressly provided for under this terms and conditions or arising by reason of the invalidity or unenforceability of any clause of this terms and conditions;
Participating Retailer means a third party seller of goods or services as listed on the EBC website and at which a member can use a Discount advertised on the EBC Website to purchase goods or services; and
Zone means a selection of suburbs as divided by EBC from time to time.
Membership activation, Discounts and general terms
- Membership is activated when EBC receives from you a completed application form and payment.
- Membership is for 12 months commencing on the date your application is accepted.
- Membership will be extended automatically for successive 12 month terms unless you send us written notice of intent to resign the membership with 30 days written notice.
- You will be emailed a unique login to the EBC Website once your membership has been activated. The EBC Website provides a list of Participating Retailers from which you receive a minimum 30% Discount on select products and/or services in store. The products and/or services offered for Discount are detailed on the EBC Website via the member’s portal.
- You have the ability to increase and/or decrease the number of Zones via your unique login on the EBC Website. Any decrease in Zones will be effective 30 days from the date the member makes the online change. No refunds will be made for any payment which falls due and payable during the 30 day period. Any increase in Zones is immediate upon receipt of payment.
- The products and/or services offered for Discount on the EBC Website have no expiry date and are valid until such time as the offer is removed from the EBC Website. Each offer is valid until close of business on the day the retailer removes the offer from the EBC Website. It is your responsibility to check whether an offer is listed on the website on the day the purchase is being made.
- In order to receive the advertised Discount/s, it is a requirement that you login into the EBC Website and provide photo identification, at the time of purchase, to prove your membership. If a member is unable to verify their membership and provide photo identification at the time of purchase, they will not be entitled to receive any Discount.
- Membership is not transferable.
- You agree to receiving marketing material delivered by email or text from EBC and it’s associated business partners.
- The Discounts provided by Participating Retailers in relation to membership are only available to you. EBC accepts no Liability for the provision of services or goods to you. EBC accepts no Liability for the denial of services or provision of goods to individuals who are not members (regardless of their association).
- EBC will contact you via the contact details notified to us in your application for membership. It is your responsibility to keep your details updated via the EBC Website.
- Membership may be suspended or terminated if your payment is not received within seven (7) days of the membership renewal date. In this circumstance, EBC reserves the right to recover the monetary benefit of any Discount(s) received by the member whilst the member was in arrears.
- You may cancel your membership (or reduce the number of Zones) at any time during the term of membership with 30 days notice in writing . No refund of any membership fees will be applicable.
- Membership fees are a minimum of $30.00 (inclusive of GST) per annum and include access to Discounts within 1 Zone. Additional Zones can be added at a cost of $10.00 each (inclusive of GST) per annum.
- The membership fee (inclusive of any other Zones purchased) will be automatically debited from your nominated credit card or account for each successive year of membership.
- Invoices will be generated and provided to you in accordance with the law.
- EBC reserves the right to terminate your membership if three (3) or more drawings are returned unpaid by your nominated credit card or account.
- EBC reserves the right to increase the membership fees in line with changes to the taxation laws.
- Membership fees are not refundable under any circumstance.
- To cancel your membership, you must email EBC a cancellation of membership notice giving at least 30 days written notice to email@example.com. You will receive an automatic cancellation email within 24 hours confirming cancellation has been received and the date on which cancellation is effective.
- Should any membership fees become due and payable during the 30 day cancellation period, these fees will be debited from your nominated credit card or account on the due date and no refund will be applicable under any circumstances.
- Cancellations must be notified in writing to EBC during the hours 8:30am – 5:00pm Monday to Friday. Any cancellations received outside of the specific business hours and days will be deemed to have been received the following business day.
- EBC takes no responsibility for cancellation emails not received or incorrect email address details entered. Should you not receive a confirmation of cancellation email from EBC within 24 hours of sending cancellation, It is your responsibility to telephone EBC Head Office on 0406 041 347. Proof of sent email will be required in order for EBC to honour the cancellation.
- EBC may terminate your membership if you fail to comply with these terms and conditions or misuse membership privileges.
- Access to member entitlements and benefits will cease immediately upon the termination of your membership.
Disclaimers and limitation of Liability
- In relation to the provision of membership services, EBC’s Liability is limited to the cost of the member’s membership fee.
- Nothing in these terms and conditions shall exclude or limit EBC’s Liability for:
- death or personal injury caused by EBC’s Breach of Duty;
- any breach of the statutory consumer guarantees relating to the supply of goods and/or services in Schedule 2 to the Competition and Consumer Act 2010 (Cth); or
- any other Liability which cannot be excluded or limited by applicable law (including, without limitation Liability pursuant to clause 6).
- Subject to clause 34 , EBC does not warrant and excludes all Liability in respect of:
- the accuracy, completeness, fit for purpose or legality of any information accessed using the EBC Website or otherwise;
- the performance, or failure, of the product and or/services advertised on the EBC Website provided by third parties such as the participating retailers;
- any delay in EBC attending to the repair of any breakdown of the EBC Website;
- your lack of access to the EBC Website;
- the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
- the EBC Website failing to operate at any time or times during the term of your membership;
- any delay, failure or error in the provision of the EBC Website due to any circumstance outside EBC’s reasonable control, including without limitations, failure of any communications network or system, electronic power surges, overloads or blackouts;
- Subject to clause 34, EBC will have no Liability for:
- loss of revenue;
- loss of actual or anticipated profits;
- loss of contracts;
- loss of the use of money;
- loss of anticipated savings;
- loss of business;
- loss of opportunity;
- loss of goodwill;
- loss of reputation;
- loss of, damage to or corruption of data; or
- any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise.
- For the avoidance of doubt, Clauses 35 to 36 apply whether such losses are direct, indirect, consequential or otherwise.
- You indemnify EBC against all actions, claims, losses, costs and expenses which EBC may sustain or incur as a result of:
- your use of the EBC Website;
- your use of Discounts; or
- the use of EBC Website through your password; and
- your breach of these terms and conditions.