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Terms and Conditions

Thank you for visiting The Commute (thecommute.com.au) and taking the time to read our Terms and Conditions

WHO WE ARE

This website is operated by The Commute (Lewin Street Pty Ltd)
ABN: 17639900253

YOUR AGREEMENT

Your use of this website means that you have agreed to the following terms of use. Please note we may change these terms of use at any time, without telling. If we make a change, the next time you use this website will mean you agree to the amended terms of use.

OUR SERVICES

The purpose of our website is to indicate the services of our business, and provide a platform for potential customers to make contact. We’ll do our best to prevent any delays or interruptions to the website, but we cannot promise that the website will be available at all times. We may stop the operation of part of the website or all of it, at any time and without telling you. However, we will not be responsible for any loss, cost, damage or liability that may arise as a result. We try to make sure the content on the website is accurate, but we do not guarantee this. The content is also general in nature.

YOUR USE OF OUR SITE

In using our site you must not:

  • Use the website for anything that breaks the law or infringes someone else’s rights;
  • Post or send any material via the website which harms anyone else or use the website to send unsolicited messages; and
  • In any way tamper with the website or transmit any viruses via the website.

INTELLECTUAL PROPERTY

The content and design of this website is all subject to copyright, which we reserve and own (or use under licence from someone else). Your browser (by its usual operation) may make a temporary copy of the website, please feel free to do so. Other than that, you must not copy, adapt, store, transmit, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services on this website. If you wish to do any of these things, you must get our written permission first.

THIRD PARTY LINKS

This website may contain links to other websites which we do not control, so we’re not responsible for the content of those websites. Although we would typically approve of the content contained in those links, we do not endorse, provide any warranty or take any responsibility for any aspect of those websites or their content. Those links are provided for convenience only and may not remain current and you use them entirely at your own risk.

INDEMNITY

We rely on you to comply with these terms of use, so if we suffer loss or damage or incur any costs because you breach these terms, you agree to indemnify us for those losses, damages and costs. You also indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising from your use of the website.

DISCLAIMER

All material on the website is provided to you without warranties of any kind, including warranties of merchantability and fitness for purpose. We do not warrant that the website or the website server are free of viruses or any other harmful components.

LIMITATION OF LIABILITY

To the extent allowed by law, we exclude all liability to any person for loss or damage of any kind arising from or relating to the use of this website or the materials on this website. Where any law implies a warranty into these terms of use which may not be excluded, then to the extent the law allows us, our liability for breach of the warranty will, at our option, be limited to the supply of the goods or services again or (where applicable) repaired or replaced; or paying the cost of having them supplied again, repaired or replaced.

APPLICABLE LAW

These Terms and Conditions are governed by Victorian and New South Wales law and if there’s a dispute concerning these terms of use, the courts in Victoria and/or New South Wales will determine the outcome.

CONTACT US

If you have any questions relating to these Terms and Conditions, please contact us by emailing hello@thecommute.com.au

 

Win a Website With The Commute
Terms & Conditions (“Conditions of Entry”)

PROMOTER: The Commute (Lewin Street Pty Ltd), PO Box 11023, Frankston, VIC 3199, Australia. Ph: 03 9008 6333

PROMOTIONAL PERIOD: This competition will run from 12:00pm (AEDT) 13 May 2020 to 31 July 2020 11:59pm (AEDT) at https://thecommute.com.au/giveaway

ELIGIBLE ENTRANTS: Entry is only open to residents in Victoria who are subscribed of The Commute’s email database and are 13 years and over. Entrants under the age of 18 must have parent or legal guardian approval to enter.

HOW TO ENTER: To enter the competition, the entrant must, during the Promotional Period (“Initial Entry”):

PRIMARY PRIZE DRAW: Signup to The Commute email database https://thecommute.com.au/giveaway

ENTRIES PERMITTED: Only one (1) eligible entry per person per prize draw will be accepted. By completing each entry method, the entrant will receive one (1) entry.

Total Prize Pool: AUD $599

PRIZE DESCRIPTION: The Website Pack. Put your best brand forward with a fresh, mobile friendly, responsive website that your customers will love using (and you will love updating).
Includes:
– Responsive Website
– SEO Optimised Copywriting
– 3 Months Hosting and 1 Year Domain Registration
– Google Analytics
– 1-1 Consolation And Training

Pack also includes a $10 donation to support at-risk Australians

WINNING METHOD: Via notification of random prize draw from eligible entries

PRIZE CONDITIONS: No part of this prize is exchangeable, redeemable for cash or any other prize or transferable. Any ancillary costs associated with redeeming the prize are not included.

WINNER NOTIFICATION: The winner will be contacted by both phone and email, within two (2) business days of the draw taking place.

UNCLAIMED PRIZES: Prize(s) must be claimed within five (5) business days of notification. In the event of an unclaimed prize, the prize will be redrawn at The Commute,(“Promoter”). The winners of the redraw will be notified by phone within two (2) business days of the redraw.

The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
Valid and eligible entries will be accepted during the Promotional Period.
Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
If a prize is won by a person under the age of 18, the prize may be awarded to the winner’s parent or guardian and where applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age.
Draw:
The draws will take place at The Commute, Sheridan Ave, Frankston VIC 3199, Australia. at 10:00 am AEST, the following business day of the promotion closing, using computerised random selection.
The first valid entry drawn will be the winner of the prize specified in the Schedule above.
The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
All reasonable attempts will be made to contact each winner.
If any winner chooses not to take their prize (or is unable to) or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with Facebook Statement of Rights and Responsibilities (http://www.facebook.com/terms.php) and the Instagram Terms of Use, (http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: http://www.facebook.com/promotions_guidelines.php and the Instagram promotion guidelines which can be found at: http://help.instagram.com/179379842258600. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Facebook and Instagram. The entrant releases Facebook and Instagram and their associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook and Instagram.
The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.
No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
Entrants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://macmedic.com.au/about/terms-and-conditions/. The Promoter’s privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
For the purposes of public statements and advertisements, the Promoter may only publish the winner’s surname, initial and State/Territory or postcode of residence.
Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regard to the tax implications relating to the prize or acceptance of the prize.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

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