ABOUT US
Three Birds Renovations Pty Ltd (ACN 601 092 693) (“Three Birds Renovations”) operates a subscription-based discount program called ‘Three Birds Dream Discount Card’ (“Program”) pursuant to which third party merchants offer certain benefits to the Program’s members via the Platform, such as discounted goods and services.
1. ABOUT THESE TERMS
1.1 In these Terms, “Three Birds”, we”, “us” or “our” means Three Birds Renovations Pty Ltd ACN 601 092 693 and includes our subsidiaries, and their respective directors, employees and agents. “Member”, You” or “your” means the individual who accepts these Terms in their personal capacity. Additional definitions are set out in clause 17.
1.2 You should read these Terms carefully. They apply to your use of the Program, Platform and Services.
1.3 By using the Program and accessing the Platform, you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Program, Platform and Services. If you do not agree to these Terms, you should not register to become a Member or you should immediately cease accessing and using the Program, Platform and Services.
2. OVERVIEW OF SERVICES
2.1 The Platform provides Members with the opportunity to access Offers and includes the provision of the following services:
(a) access to the Program;
(b) issue of Cards to Members;
(c) list Offers and any relevant information including whether any additional terms and conditions apply to a particular Offer, whether an Offer is available online or in-store and how you can redeem Offers;
(d) links to Partners’ online stores to redeem Offers (if applicable);
(e) discount codes, QR codes and/or forms (if applicable) for redeeming Offers; and
(f) any other associated or additional services that we may make available from time to time,
the “Services”.
2.2 The Platform allows:
(a) us to list Offers, as available from time to time; and
(b) Members to log in to their account and:
(a) update their account details;
(b) browse Partners, Offers and other offerings;
(c) Members to use other functionality that we may make available from time to time.
2.3 To get access to the Program and use the Services, an individual must register to become a member in accordance with clause 4. An unregistered user may browse available Offers, but they cannot redeem any Offers.
2.4 If you register to become a Member in accordance with clause 4 and your registration is accepted by us, you will have access to the Program, Platform and Services and will be able to:
(a) browse Partners, available Offers and any additional terms and conditions which may apply to an Offer;
(b) click links to Partners’ online stores to redeem Offers (if applicable); and
(c) use your Card, discount codes or QR codes to redeem Offers in-store.
3. USING THE PROGRAM, PLATFORM AND SERVICES
3.1 You must ensure that your access to, and use of, the Program, Platform and Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.
3.2 Any information on the Platform or otherwise provided to Members is supplied in good faith but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.
3.3 You acknowledge that, to the maximum extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any Offer or Partner, nor the capacity, ability or willingness of any Partner to deliver or transact with you.
3.4 You agree that you have sole responsibility for any activity that occurs on your account. You must keep your account, Card details, and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your account or Card.
3.5 The Platform may contain links to other websites, such as Partners’ online stores. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Platform, or external websites that advertise the Program, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.
3.6 You must take precautions to ensure that when accessing the Platform you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Platform.
3.7 While using the Platform, and any associated Services, you must not:
(a) misuse any part of the Platform by introducing viruses, trojans or other material that is malicious or technologically harmful;
(b) attempt to gain unauthorised access to any part of the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform;
(c) engage in any activity that interferes with or disrupts the Program, Platform, Services or the servers and networks that host the Services; or
(d) attempt to circumvent, disable or otherwise interfere with any security-related features of the Platform, Services or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform, Services or the content of the Platform.
3.8 We may contact you by email or provide you with information by posting notices on the Platform. It is your responsibility to ensure that you have the correct contact details registered to your account with us at all times and that you check your nominated email address regularly for any correspondence.
3.9 We may, at our absolute discretion, terminate, suspend or delete your account or restrict your access to the Program, the Platform or any part of the Services for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms by you. If we do this, you may be prevented from accessing your account. We will not be liable to you or any third party for doing so, but you may be entitled to a refund of membership fees in accordance with these Terms.
3.10 If you fail to comply with these Terms, we may, in our absolute discretion and without liability:
(a) immediately, temporarily or permanently withdraw your right to access and use the Program and the Platform (including deletion of your account);
(b) take any other legal action against you; or
(c) refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
4. MEMBERSHIP, REGISTRATION & ACCOUNT
4.1 To become a Member, you must register an account with us via the Platform by providing us with the requested Registration Data and paying the relevant membership fee as published on the Platform.
4.2 You can only register one account for yourself and you may not use one email address to register for multiple accounts.
4.3 We reserve the right to decline your application registration if you do not pass our verification process.
4.4 If you are under the age of 18 years, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf. Even if we do not do this, by submitting Registration Data to us, you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.
4.5 If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create an account and become a Member, you agree to:
(a) exercise supervision over the Minor’s use of the Program, Platform, Services and their account with us;
(b) assume all risks associated with the Minor’s use of the Program, Platform, Services, their membership and account, including the transmission of content or information to and from third parties via the internet;
(c) assume any and all liabilities resulting from the Minor’s use of the Program, the Services, their membership and account;
(d) ensure the accuracy and truthfulness of all information submitted to us by the Minor; and
(e) provide the necessary consents contained in these Terms on behalf of the Minor.
4.6 We reserve the right to take legal action and obtain compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, that Minor’s use of the Program, Platform, Services, their membership or account.
4.7 Subject to clause 4.4, if you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
4.8 You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.
4.9 We may offer memberships of varying durations, as published on the Platform.
4.10 If you become a Member, your account will be debited with the applicable membership fee upon registration.
4.11 Subject to clauses 4.12 and 13, if you cancel your membership you are not entitled to a refund of your membership fees for your then current membership.
4.12 You will be entitled to a pro-rata refund of membership fees for your then current membership if we terminate these Terms in accordance with clause 6.1(a).
4.13 Payment of membership fees can be made using debit or credit card via the Platform and will be processed by our third-party payment services provider and will be subject to their terms and conditions.
5. OFFERS
5.1 We do not supply or sell any goods and/or services on the Program or via the Platform.
5.2 All Offers are made by Partners directly to Members via the Platform.
5.3 Available Offers will be listed on the Platform, are subject to change without notice, are subject to the availability of the relevant goods and services from the Partner and may be subject to additional terms and conditions as between Members, Partners and any third parties (such as payment providers).
5.4 All prices displayed on the Platform are in Australian Dollars, unless stated otherwise, and are subject to change by a Partner without notice.
5.5 To redeem an Offer you must:
(a) follow all instructions provided by us to you, including those provided on the Platform;
(b) follow all instructions provided to you by the relevant Partner providing the Offer; and
(c) accept all additional terms and conditions as between you and the Partner and any third party, such as payment providers or delivery services.
5.6 If you are redeeming an Offer in-store, we recommend contacting the relevant Partner to ensure the goods or services Offered are in-stock and available.
5.7 You are solely responsible for:
(a) the information, including your personal information, credit card details and address, that you provide to Partners, or their respective third parties, when redeeming an Order;
(b) checking the suitability of goods and services Offered by Partners;
(c) verifying any additional terms and conditions as between you, Partners and their respective third parties; and
(d) transactions that occur outside the Platform.
5.8 You acknowledge that Offers are:
(a) made by Partners to you and we do not guarantee that you will be able to redeem the Offer or purchase the relevant goods or services from the Partner;
(b) not transferable;
(c) unless otherwise expressly stated, are not redeemable for cash;
(d) for personal use only; and
(e) exclusive and may not be combined with other membership, discount, benefit or rewards programs.
6. TERMINATION
6.1 In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Program or Platform, if:
(a) we provide you with at least 60 days prior written notice that we will cease to provide the Program;
(b) we reasonably believe that you:
(i) provided us with false or misleading information;
(ii) have breached these Terms;
(iii) have acted in a manner that is contrary to our best interests;
(c) you don’t co-operate with any reasonable investigation by us of any suspected breach of these Terms;
(d) you are offensive or abusive to a Partner or one of their contractors, employees or agents;
(e) you fail to pay any fees or charges payable by you; or
(f) we are required by a regulatory body, or by law, to suspend or terminate use of the Program.
6.2 If your access to the Program and/or Platform is terminated for any reason, we will be entitled to payment for any outstanding fees or charges properly incurred by us up to the date of termination and any fees or charges incurred during any applicable notice period or otherwise specified in these Terms.
7. SUITABILITY OF GOODS AND SERVICES
7.1 You agree and acknowledge that:
(a) we do not sell or otherwise offer or provide goods or services on, or via, the Program;
(b) all Offers redeemed via the Program, and any corresponding goods or services purchased, are provided to you directly by the Partner making the Offer;
(c) we make no representations as to the suitability, quality or acceptability of any goods or services the subject of any Offers generally and/or with regard to your particular needs;
(d) if there are any issues with regards to the suitability, quality or acceptability of any good or service provided to you by a Partner, you will contact the Partner directly in respect of such issues and will hold us harmless in respect to any claim, loss or damage arising from such issues; and
(e) any agreement in respect of the provision of refunds is between you and the Partner that provided you with the good or service.
8. DELIVERY OF GOODS AND SERVICES
8.1 You agree and acknowledge that:
(a) where you have redeemed an Offer, the delivery of the relevant goods and/or services the subject of the Offer is provided to you by the relevant Partner, or a third party delivery provide, and is not delivered by us;
(b) you are bound by any policies and terms between you and the Partner, or their third party delivery provider, with respect to delivery;
(c) we make no representations as to the suitability, quality or acceptability of the conduct of the delivery provider, the timeliness of the delivery or generally in regard to delivery; and
(d) if there are any issues with regard to the conduct of the delivery provider, the timeliness of the delivery or generally in regards to delivery, you will contact the Partner directly in respect of such issues and will hold us harmless in respect to any loss or damage arising from such issues.
9. WARRANTIES
9.1 We will, within a reasonable period of time, investigate any alleged error or issue regarding the Program, the Platform and any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. Notwithstanding the above, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.
9.2 Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Program, the Platform or the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
9.3 Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other Australian national, state or territory legislation where to do so is unlawful.
10. LIABILITY
10.1 To the maximum extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Platform or downloading of any material posted on it or on any website linked to it. We recommend Users ensure they have up-to-date virus checking software installed.
10.2 To the maximum extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to goods or services sold, or provided, to you by Partners (including any dispute or complaint regarding refunds, payment, delivery, suitability and availability). You should address such complaints directly with the relevant Partner.
10.3 You agree that to the maximum extent permitted by law we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Program, Platform, Services or these Terms.
10.4 To the maximum extent permitted by law, our cumulative liability to you for all claims made by you under or in relation to these Terms, the Program, the Platform, the Services and the Privacy Policy will not exceed in aggregate the amount of membership fees you have paid to us.
10.5 You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of commercial risk.
10.6 This clause 10 survives termination or expiry of these Terms.
11. INDEMNITY
11.1 To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Program and your use of the Platform and Services.
11.2 You indemnify, and keep indemnified, us, our related companies, their directors, officers and employees (together “those indemnified”) and hold those indemnified harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by those indemnified arising out of, or in connection with, your use of the Program, the Platform, the Services and any breach by you of these Terms.
11.3 You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Partner due to your actions, and you indemnify those indemnified from and against all claims by any Partner in relation to your actions.
11.4 This clause 11 survives termination or expiry of these Terms.
12. INTELLECTUAL PROPERTY
12.1 You acknowledge that all Intellectual Property Rights in the Program, Platform and Services is our property (or our licensors) and your use of, and access to, the Program, Platform and Services does not give you any rights, title or interest in or to the Program, Platform and Services. Unless expressly authorised either under these Terms or otherwise by our licensors, you may not reproduce, adapt, modify, display, perform or distribute the Program, Platform or Services, or any part thereof.
12.2 You may not modify or copy the layout or appearance of the Platform or the Services or any computer software or code contained in the Platform or Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Platform or Services.
12.3 You may access and use the Program and Platform for your personal use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Platform on another website or commercialise any information obtained from any part of the Platform without our prior written consent.
13. UNAVOIDABLE EVENTS
13.1 We will not be liable to you if we are prevented from, or delayed in, providing the Program, Platform or Services due to acts, events, omissions or accidents beyond our reasonable control including, without limitation, Acts of God, natural disasters, pandemics, epidemics and industrial action (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Program, Platform and/or Services as soon as reasonably practicable.
14. PRIVACY
14.1 We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.
15. AMENDMENTS
15.1 These Terms may be amended by us from time to time. We will notify you of any such amendments. Your continued use of the Program or the Platform following the date such amendments take effect will be deemed to be acceptance by you of the amended Terms. If you do not agree to the amended Terms and do not want to be bound by them, you may cancel your membership by giving us at least [24 hours] notice before the date such amended Terms take effect. If you provide us with such notice, your membership will be cancelled on the date the amended Terms take effect. If this date doesn’t fall at the end of your then current membership, your will receive a pro rata refund of your membership fee for the cancelled portion of your then current membership.
16. GENERAL
16.1 Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.
16.2 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
16.3 These Terms are governed by the laws of New South Wales, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
17. DEFINITIONS
17.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:
“Card” means a Member’s physical or digital card which is issued to them upon becoming a Member;
“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trademarks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
“Member” means an individual who has successfully been registered as a member of the Program in accordance with these Terms and whose membership has not been terminated in accordance with these Terms;
“Minor” has the meaning set out in clause 4;
“Offer” means an offer from a Partner to Members to purchase goods or services. Offers may provide Members with discounts, freebies, cash back, no delivery fee or other benefits;
“Partners” a third party merchant that provides Offers to Members via the Program;
“Platform” means the Website or the Three Birds Renovations/Dream Discount Card program application on which the Services can be accessed;
“Privacy Policy” means our privacy policy, available at: https://www.threebirdsrenovations.com/privacypolicy
“Program” means the Dream Discount Card program operated by Three Birds Renovations via the Platform pursuant to which Members can redeem Offers;
“Registration Data” means information provided by you to us for the purposes of your registration to become a Member to access the Program via the Platform including, but not limited to, your name, date of birth, gender and contact details;
“Services” has the meaning given in clause 2.1;
“Terms” means these terms and conditions; and
“Website” means the website located at [insert] or any other website nominated by us from time to time, and any associated services, software, networks or processes.
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