Junkyard Surf Club Terms and Conditions
Welcome to Junkyard Surf Club! We provide an exclusive membership club that gives you access to partner discounts, waivers of the platform fee for the Junkyard Surf marketplace, events, exclusive products and a community of like-minded people (Membership), as set out in more detail on our website (Site).
In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. When we say we, us, or our, we mean Junkyard Surf Pty Ltd (ACN 686 364 330).
These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot access the Membership unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
● our privacy policy (on the Site) which sets out how we will handle your personal information;
● clause 1.3 (Variations) which sets out how we may amend these Terms;
● clause 3 (Prize Draws) which sets out important information about prize draws available to members.
● clause 5 (Fees) which sets out important information about payments and recurring amounts, including whether you can cancel the Membership and whether the Membership will auto-renew; and
● clause 10 (Liability) which sets out exclusions and limitations to our liability under these Terms; and
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our website, or for featuring certain goods or services.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. Engagement and Term
1.1 These Terms apply from the time you agree to these Terms, until the date they are terminated in accordance with their Terms (Term).
1.2 Subject to your compliance with these Terms, we will provide you with access to the Membership. We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
1.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to access the Membership after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease your Membership. If you have paid upfront for the Membership and you would like to cancel, please contact us in writing within 30 days of receiving notice to indicate your intention to cancel and we will issue you a pro-rata refund for the remainder of your Membership Term.
2. Membership Benefits
2.1 As a member, you will have access to the following benefits during your Membership Term, as further detailed on our Site:
(a) a waiver of platform fees on transactions made through the Junkyard Surf marketplace (please note payment processing fees charged by third-party payment providers still apply);
(b) access to discount codes and offers from our partner companies;
(c) early access to new products and releases;
(d) access to member-only events and exclusive products; and
(e) automatic entry into our prize draws, subject to clause 3.
2.2 The specific partner discounts and offers available to members will be updated from time to time and are set out on the membership portal. We are not responsible for the products, services or conduct of any third-party partners, and any discount or offer provided by a partner company is subject to that partner's own terms and conditions.
3. Prize Draws
3.1 As a benefit of your Membership, you will be automatically entered into any prize draws we run (Prize Draw). Each Prize Draw is governed by a separate set of prize draw terms and conditions (Prize Draw Terms), which will be made available to you each month via email and on the membership portal.
3.2 By remaining a member, you acknowledge and agree that you will be automatically entered into each Prize Draw and that the relevant Prize Draw Terms will apply to your entry. You should read the Prize Draw Terms for each draw carefully, as the prizes, draw dates and other commercial details will vary each month.
3.3 Eligibility for Prize Draws is subject to your Membership remaining active and all fees being paid at the time of the relevant draw. We reserve the right to exclude members from a Prize Draw where required to do so by applicable law or regulation or where you have not paid the applicable price for your Membership. If you are excluded from a Prize Draw for regulatory reasons, this will not constitute a breach of these Terms and no refund or compensation will be provided.
4. Account
4.1 You must sign up for an Account in order to access the Membership.
4.2 Your Account for the Membership is separate from any account you may hold on the Junkyard Surf marketplace.
4.3 While you have an Account with us, you agree to:
(a) keep your information up-to-date (and ensure it remains true, accurate and complete);
(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
4.4 If you close your Account, you will lose access to the Membership.
5. Fees
5.1 You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).
5.2 Details of our Membership, including features, limitations, fees and billing cycles are set out on our Site.
5.3 You may choose either a monthly or annual billing cycle at the time of sign-up. Annual memberships are available at a discounted rate compared to the equivalent monthly rate. Unless you purchase an annual Membership, you will be billed on a regular basis, as set out on our Site, at the beginning of each billing cycle.
5.4 Cancellation: Your Membership continue for the for the agreed Service term (that you selected when you paid to access the Membership) (Membership Term). At the end of the Membership Term, provided you have paid all fees owing, your Membership will be automatically renewed for recurring monthly periods (each of which will be considered a Membership Term). If you wish to cancel, you may do so through your Account. Your cancellation will take effect at the end of your current Membership Term, and the Membership will not be renewed (meaning you will need to continue paying all fees due up until your current Membership Term ends).
5.5 Our payments methods will be set out at the time you pay. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
5.6 You must not pay, or attempt to pay, any fees due under these Terms by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
5.7 If any fees due under these Terms are not paid on time, we may:
(a) suspend your access to the Membership; and
(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
5.8 You are responsible for paying any levies or taxes associated with your access to the Membership, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
6. Licence
6.1 During the Term, we grant you a right to the Membership in accordance with these Terms. This right cannot be passed on or transferred to any other person.
6.2 You must not:
(a) access the Membership in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
(b) interfere with any other person’s access to or use of the Membership;
(c) attempt to access any data or log into any server or account that you are not expressly authorised to access; and
(d) access or use the Membership to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
7. Intellectual Property and Data
7.1 We own all intellectual property rights in the Membership portal, including how it looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the platform.
7.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
Your Data
7.3 We do not own any of Your Data, but when you enter or upload any of Your Data into the platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Membership (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
(a) provide you with access to the Membership and otherwise perform our obligations under these Terms;
(b) improve, develop and protect the Membership;
(c) send you information we think may be of interest to you based on your marketing preferences;
(d) perform analytics for the purpose of remedying bugs or issues; or
(e) perform our obligations under these Terms (as reasonably required).
7.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.
7.5 You are responsible for (meaning we are not liable for):
(a) the integrity of Your Data on your systems, networks or any device controlled by you; and
(b) backing up Your Data.
7.6 When you use the Membership, we may create anonymised statistical data from Your Data and usage of the Membership (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Membership, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
7.7 If you do not provide Your Data to us, it may impact your ability to receive the Membership.
7.8 This clause 7 will survive the termination or expiry of these Terms.
8. Confidential Information and Personal Information
8.1 While using the Membership, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
8.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
8.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.
8.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
8.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
8.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
8.7 This clause 8 will survive the termination or expiry of these Terms.
9. Consumer Law Rights
9.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
9.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
9.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
9.4 This clause 9 will survive the termination or expiry of these Terms.
10. Liability
10.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for:
(a) any Liability caused or contributed to by, arising from or in connection with any use of the Membership by a person or entity other than you.
(b) any loss, damage or disappointment arising from your participation in, or exclusion from, any prize draw, including as a result of regulatory requirements in your state or territory.
10.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a) neither we or you are liable for any Consequential Loss;
(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; and
(c) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us during the 12 months immediately preceding the event giving rise to the Liability.
10.3 This clause 10 will survive the termination or expiry of these Terms.
11. Suspension and Termination
Suspension
11.1 We may suspend your access to the Membership where we reasonably believe there has been any unauthorised access to or use of the Membership (such as the unauthorised sharing of login details for the Membership). If we suspend your access to the Membership, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Membership will end.
Termination
11.2 We may terminate these Terms (meaning you will lose access to the Membership) if:
(a) you fail to pay your fees when they are due;
(a) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(b) you breach these Terms and that breach cannot be remedied; or
(c) we decide to discontinue the Membership, in which case we will provide you with at least 90 days’ written notice and, if you have paid upfront for the Membership, we will issue you a pro-rata refund for such amounts.
11.3 You may terminate these Terms if:
(a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b) we breach these Terms and that breach cannot be remedied, and if you have paid fees for the Membership upfront, you will be issued a pro-rata refund of any unused part of those fees based on the portion of the then-current Membership Term remaining.
11.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 12.8), and termination will take effect at the end of your current Membership Term.
11.5 Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
11.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.
11.7 This clause 11 will survive the termination or expiry of these Terms.
12. General
12.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
12.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting, the Parties may refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation.
12.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Membership), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
12.4 Governing law: These Terms are governed by the laws of Western Australia, and any matter relating to these Terms is to be determined exclusively by the courts in Western Australia and any courts entitled to hear appeals from those courts.
12.5 Illegal Requests: We reserve the right to refuse any request for or in relation to the Membership that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
12.6 Marketing: You agree that we may send you electronic communications about our products and Membership, including notifications regarding Prize Draws. You may opt-out of general marketing communications at any time by using the unsubscribe function in our electronic communications, however you acknowledge that Prize Draw notification emails are a condition of your Membership and cannot be unsubscribed from while your Membership remains active.
12.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
12.8 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
13. Definitions
13.1 In these Terms:
Account means an account accessible to the individual or entity who signed up to the Membership.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Membership (including the Membership) will not constitute “Consequential Loss”.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Membership means the membership we provide to you, as detailed at the beginning of these Terms.
Membership Term means the billing period you selected at the time of sign-up, being either a monthly or annual period, and each subsequent renewal period of the same duration.
Prize Draw means a prize draw conducted by us as a benefit of the Membership, the details of which are set out in the applicable Prize Draw Terms.
Prize Draw Terms means the separate terms and conditions applicable to each Prize Draw, as made available to members via email and on the membership portal.
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when engaging with the Membership or stored by or generated by your use of the Membership, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Membership. Your Data does not include any data or information that is generated as a result of your usage of the Membership that is a back-end or internal output or an output otherwise generally not available to other members.