Create My Time provides an online platform where brands increase customer engagement by finding and allowing interested customers to enter into Competitions.
ABOUT THESE TERMS
In these Terms, “we”, “us” or “our” means Create My Time Pty Ltd and includes its subsidiaries, and their respective directors, employees and agents. “You” or “your” means the User who accepts these Terms, including Entrants. Additional definitions are set out in clause 19.
You should read these Terms carefully as they apply to your use of our Platform.
By using or accessing the Website, 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 Website. If you do not agree to these Terms you should immediately cease accessing and using the Website.
We reserve all rights to alter these Terms at our discretion. Each time you use the Website, it is your responsibility to be aware of our current terms. Your continued use of the Website following the posting of changes to these Terms will be deemed your acceptance of those changes.
These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Website and Services or until terminated in accordance with clause 9.
OVERVIEW OF SERVICES
The Platform provides a connection between Brands and the public, such as you as an Entrant, to facilitate Competitions and increase user engagement. For the avoidance of doubt, we do not supply or sell goods and/or services on, or via, the Website nor are we involved in or responsible for arranging or conducting the Competitions. From time to time, we may choose to conduct our own Competitions. Our own Competitions will be clearly labelled to differentiate from other Brands’ competitions, and additional terms and conditions will apply to our own Competitions.
To use the Services, a User must register for an account in accordance with clause 4. An unregistered User may search and find Brands’ profiles on the Website, but cannot post on the Website.
If you register for an account in accordance with clause 4 and your registration is accepted by us, you will have access to the Services and will be able to:
search and find Brands’ profiles on the Website;
search and find other Entrants’ entries into Competitions;
search and find related Competitions on the Website;
set up, manage, edit and delete your Entrant profile and personal dashboard, including integration with your social media accounts;
enter into Competitions posted by Brands by posting photos, videos or written entries from your account;
share content from the Website to social media platforms;
vote for other Entrants’ entries into Competitions;
leave comments on Competitions;
receive notifications when a Competition you entered has an update or has selected a winner;
rate and review a Brand and their service offering;
access your purchase history and receipts; and
contact our support directly.
USING THE SERVICES
You must ensure that your access to, and use of, the Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.
Any information on the Website or otherwise provided to you 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.
You are responsible for verifying the identity and authenticity of a Brand and its goods and/or services when you engage them for the provision of goods and/or services. Despite our use of reasonable endeavours to verify the identity of Brands on the Platform, you acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any Brand, nor the capacity, ability or willingness of the Brand to deliver or transact with you.
You agree that you have sole responsibility for any activity that occurs on your account. You must keep your account 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 password or account.
The Services may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or external websites that advertise the Website, 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.
You must take precautions to ensure that when accessing the Services, 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 Website and use of the Services.
You acknowledge and agree that, in order for us to be able to provide the Services to you without interruption you will, at your cost, at all times:
co-operate with and reasonably assist us to provide the Services;
promptly provide us with full and accurate information, data and explanations with regard to any dispute, complaint, issue or otherwise that may arise, as and when required; and
inform us of any abusive or allegedly abusive behaviour from any User or Brand.
While using the Website, and any associated Services, you must not:
misuse any part of the Website by introducing viruses, trojans or other material that is malicious or technologically harmful;
attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
engage in any activity that interferes with or disrupts the Services or the servers and networks that host the Services;
attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Website;
engage in any abusive or derogatory behaviour; or
advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap.
We may contact you by email or provide you with information by posting notices on the Website. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.
We may, at our absolute discretion, terminate, suspend or delete your account or restrict your access to the Services (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. If we do this, you may be prevented from accessing your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
If you fail to comply with these Terms, we may, in our absolute discretion and without liability:
immediately, temporarily or permanently withdraw your right to access and use the Services and the Website (including deletion of your account);
take any other legal action against you; or
refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
To access certain parts of the Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.
The registration process is designed to be as easy and seamless as possible, and at no time will we ask for information that is sensitive in nature.
We reserve the right to decline your registration request if you do not pass our verification process.
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 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.
If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create an account, you agree to:
exercise supervision over the Minor's use of our Services and their personal account with us;
assume all risks associated with the Minor's use of our Services and their account, including the transmission of content or information to and from third parties via the internet;
assume any and all liabilities resulting from the Minor's use of our Services and their account;
ensure the accuracy and truthfulness of all information submitted to us and the Website by the Minor; and
provide the necessary consents contained in these Terms on behalf of the Minor.
We reserve the right to take legal action and seek 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, any transaction entered into on, or via, the Website by that Minor.
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.
If you provide us with Registration Data, you consent to the following:
we may provide your Registration Data to Brands for the purposes of providing you with the Services;
you may receive emails from us regarding details of your registration, orders and/or purchases made through your account, and/or information relating to your access and use of the Services and your account; and
from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.
After registering for an Entrant account, you may enter Competitions on the Website. When entering a new Competition, you must provide us with and upload to each Competition:
access to your profile, including contact details;
an entry in photo, video, audio or visual format; and
any other information requested by the Brand uploading the Competition.
By participating in a Competition, you will be required to read and agree to the Brand’s terms and conditions. You acknowledge and agree that it is your sole responsibility to review each Brand’s terms and conditions in connection with each Competition.
In the event there is a conflict between a Brand’s Competition terms and conditions and these Terms, these Terms will prevail.
In addition, all Competitions on the Website will have the following conditions:
only registered Users over the age of 18 years can enter a Competition;
entrants may only enter each Competition one (1) time;
winners will be selected based on total number of votes received on the Website;
winners will be notified on the Website and by email;
any unclaimed prizes will be forfeited ninety (90) days after the Competition’s end date; and
we reserve the right to disqualify entrants at our absolute discretion.
We will regularly review the Website for compliance with these Terms. We reserve the
right to reject, pause, delete or remove your entry to a Competition, at our
absolute discretion and for whatever reason.
The regulations relating to Competitions are complex, specific to each jurisdiction, and subject to change. You are solely responsible for ensuring that you are eligible to participate in the Competitions you enter.
Your participation in any Competition may be subject to rules or conditions as set by each Brand. We may restrict your access to Competitions if you do not agree to or comply with these terms. If you have questions about a Brand’s terms, you should contact the Brand directly.
You acknowledge that we have no obligation to provide you any support of any kind in relation to Competitions that you enter. However, we may provide you with customer support, from time to time, at our sole discretion, provided that you submit your enquiries to firstname.lastname@example.org.
Sharing to social media platforms
As part of our Services, the Website includes links to share Competitions to social media platforms.
It is your responsibility to ensure all content shared in connection with your entry to a Competition meets the terms and conditions of use of any third party website or social media platform. Including their policies relating to the posting and promotion of Competitions.
We may provide a user guide with general information about entering Competitions and posting to social media platforms. Any information provided by us is general in nature and you should make your own enquiries about your entries’ compliance with social media platforms’ terms and conditions of use.
Any ratings, reviews and feedback provided by Users must be honest, unbiased, not mislead and at all times comply with these Terms. You must also provide any ratings, reviews and/or feedback that promotes intolerance, racism, illegal behaviour or contains defamatory content. We reserve the right (but not the obligation) to remove any ratings, reviews that do not comply with these Terms, and at our discretion, terminate your use of the Services.
Any prices advertised on the Website for entry in a Competition are determined and set by Brands. We do not determine the price for any entry and you should communicate directly with the Brand with this regard.
All prices displayed on the Platform are subject to change without notice. All prices listed on the Platform are in Australian Dollars and inclusive of goods and services tax (GST) unless otherwise specified.
You acknowledge and agree that a listing on the Platform for the provision of goods and/or services by a Brand constitutes mere information and does not form part of any offer to sell those goods and/or services.
Entrants may communicate with Brands for the purchase of goods and services. For the avoidance of doubt, all purchases and/or payments made pursuant to any agreement which utilises our Website is between you and the Brand to the exclusion of us.
You are responsible for checking the suitability of services offered by Brands via the Website with Brands directly.
Brands are responsible for determining their own refund policy in relation to any goods and services that is compliant with the Australian Consumer Law and advertise such refund policy to you. We are not responsible for your failure to inquire about a Brand’s refund policy or a Brand’s failure to provide a refund to you as required under the Australian Consumer Law. If you have a complaint or dispute in relation to a refund, you must direct this towards the Brand.
Payments for goods and/or services listed via the Website may be made via credit card. We accept no responsibility for transactions that occur outside the Platform.
From time to time, Brands may run promotions or discounted pricing events on the Website. If you receive a credit, voucher or discounted pricing on any goods and/or services (Voucher) on the Website, the Voucher will be applied in accordance with the Brand’s terms and conditions.
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 Website and/or the Services, if:
it transpires that you have provided false or misleading information on the Website;
you breach the intellectual property rights of any person or entity without their consent;
you are found by us to be offensive or abusive to a Brand or other User;
you fail to pay any fees or charges payable by you on time or at all; or
If your access to the Website and/or the Services 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.
We will, within a reasonable period of time, investigate any alleged error or issue regarding 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, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.
You agree to use your reasonable endeavours to ensure that the information that you supply us or any Brand is complete and accurate and notify us (and, if relevant, the Brand(s)) in writing if there is any change to the information supplied.
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 Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
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 national, state or territory legislation where to do so is unlawful.
You acknowledge that we provide a platform for connecting Brands and Entrants to Competitions. We are in no way involved in conducting Competitions. To the fullest extent permitted by law, we are in no way responsible for arranging or conducting the Competitions and are not liable for any disputes or complaints made by you or any User in relation to Competitions made available on the Platform.
To the 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 Website 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.
To the 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 advertised, via the Website (including any dispute or complaint regarding refunds, payment, goods or services). You should address such complaints directly with the Brand.
You agree that 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 Services, the Platform, the Website or these Terms.
You agree that, in any event, our maximum aggregate liability to you under these Terms will be no more than AUD $100.
The User acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
This clause 11 survives termination or expiry of these Terms.
To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and 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 Website and your use of the Services.
You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Website, the Services and any breach by you of these Terms.
You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Brand due to your actions, and you indemnify us from and against any and all claims by any Brand in relation to your actions (including content created and posted by you).
This clause 12 survives termination or expiry of these Terms.
You acknowledge that all Intellectual Property Rights in the Services, Platform and Website are the property of us (or our licensors) and your use of, and access to, the Services, Platform and Website does not give you any rights, title or interest in or to the Services, Platform or Website. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services, Platform or Website or any part of the Services, Platform or Website.
You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.
You may access and use the Platform for your personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Services, Platform or Website on another website or commercialise any information obtained from any part of the Services, Platform or Website without our prior written consent.
By uploading, posting, transmitting or otherwise making available any Material via the Services, Platform or Website, you:
grant to us and to our Brands a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the Material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the Material; and
represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Services, Platform or Website
We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.
Disputes between Brands and Users
All disputes between Entrants and Brands should be resolved between each party, and both parties agree to firstly attempt to resolve any disputes or claims between each other informally before taking any other action.
If a dispute arises between you and Entrant or another Brand, you agree to fully cooperate with that party to make a genuine attempt to resolve the dispute.
We may elect to assist you to resolve a dispute if that dispute is referred to us, but will, under no circumstances, become a party to any contract by doing so. We reserve the right to make a final determination (acting reasonably) based on the information supplied by each party to us. You agree to be bound by any final determination made by us.
Disputes with us
If you have a complaint about these Terms or the Service, you should contact us at email@example.com in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.
If a dispute arises in relation to us, these Terms or the Service before resorting to external dispute resolution mechanisms (including court proceedings), the parties must attempt to resolve by negotiation any dispute in relation to this Agreement by referring the matter to a mediator for mediation.
This clause 15 survives the expiry or termination of these Terms.
LINKING TO THE WEBSITE
You may link to the Website, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists.
You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).
The Website must not be framed on any other website.
We reserve the right to withdraw linking permission under this clause 16 by updating these Terms on the Website.
You agree to allow us to refer to you in any publicity we engage in after we have provided you with the Services or during our provision to you of the Services.
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.
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.
These Terms are governed by the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
In these Terms, the following expressions have the following meanings, unless otherwise stated:
“Brand” means any person or entity who lists Competitions on the Platform;
“Competition” means a competition, photo or video entry-based contest, game of chance or similar enter-to-win promotion uploaded by a Brand to the Website and intended to promote the Brand’s goods and services;
“Entrant” means any person or entity that uses the Website to enter a Competition posted by a Brand on the Platform;
“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, trade marks, 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;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Website, or otherwise displayed, uploaded or published on, or via, the Website;
“Payment Processing Services” means any services that we provide pursuant to these Terms which are to be used to process payments in relation to purchases on the Platform;
“Platform” means the online portal located on or via the Website through which Entrants can enter Competitions;
“Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Website including, but not limited to, your name, date of birth, gender and contact details;
“Services” refers to the Platform and any associated services we provide pursuant to these Terms;
“Terms” means these User Terms and all of the terms of any order or purchase placed by you through the Website;
“User” means any person or entity using the Services, whether they are a Brand, Entrant or a person who browses, visits or otherwise uses the Website, the Platform or the Services; and
“Website” means the website located at www.createmytime.com or any other website nominated by us from time to time, and any associated services, software, networks or processes.