The Plus Ones - The Plus Ones: T&C

Part A – competition entrants

Giveaway Rules

The Competition Host is The Plus Ones (ABN: 95607843201) and the Promoter is the event organiser or business sponsoring the competition. The Winner will be selected by random prize draw, after the successful completion of a game of skill. By submitting an entry you acknowledge that you have read and agree to be bound by these terms and that you satisfy all eligibility requirements. The competition is open to all natural persons over the age of 18 at time of entry who are residents of Australia. The Winner is to be notified via the contact information they provide, and their name and/or photo may be published by the Competition Hosts and Promoter for promotional purposes.

HOW TO ENTER
To enter follow all onscreen instructions to complete and submit the online entry form. You can earn additional entries when you send the competition page to a friend, age 18 or older. The friend must enter the competition through your referral in order to obtain an additional entry. All competitions entries are gained via games of skill. All entries must be received by the completion date. All information entered must be valid and accurate for the entry to be successful.

THE DRAW
The Winner(s), will be chosen entirely at random. Odds of winning are subject to the number of eligible entries received during the Entry Period. All decisions are final and are not open to dispute. If the Winner is uncontactable after a period of 48 hours, a new Winner will be chosen at random. Competition Hosts reserve the right to re-draw the competition, and to alter the duration of the competition, if deemed necessary.

PRIVACY
All entries in the competition become the property of the Competition Host and Promoter. The Competition Host collects personal information from entrants to conduct the competition and may, in the course of business, disclose the personal information to third parties, as required. Entry in this competition is conditional on provision of the personal information requested. Entries may be entered into a database. The Competition Host and Promoter may use the entrants’ names and addresses for future promotional, marketing and publicity in various forms by the Promoter, and the entrant consents to such use. Where the information is used for marketing purposes entrants will have the opportunity to ‘opt out’, which you can do at any time in accordance with our privacy policy.

OTHER
The Competition Host and/or Promoter reserves the right to modify, suspend or terminate the competition without notice. Prizes can be subject to program finalisation and may differ from those advertised. The Competition Host/Promoter is not liable for any loss (including loss of opportunity) or damage (including, but not limited to, direct, indirect or inconsequential loss) or personal injury in relation to this competition or the use of, or participation in, the prize. Any change in value and prize occurring between the publishing date and the date the prize is claimed is not the responsibility of the Host or Promoter. Competition winners are responsible for any ancillary costs arising from the competition that are not explicitly detailed such as travel costs.

These Terms & Conditions will bind this and any future entry by you into a competition on this site and may be updated from time to time.

By entering and participating, entrant agrees to hold harmless, defend and indemnify Facebook from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) entrant’s participation in the Sweepstake, or (ii) entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s).

This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.

Part B – Commercial Users

1. Welcome

Welcome to the The Plus Ones website (the “Site“) provided to you by The Plus Ones PTY LTD. (which will be referred to herein as either “TPO”, “we”, “us” or “our”). The Site and any related services, modules, functions, software or platforms (collectively, the “Services”) were created by us to help you grow your audience. These TPO Terms & Conditions (the “Terms”) constitute a set of rules by which we operate such Services.

By using or accessing the Services, you acknowledge that you agree to the Terms, are subject to them and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time. The date when these Terms were last updated is indicated at the end of the Terms.

2. Registration and Access

In order to access the Services, you must first subscribe to use them by providing complete information requested and setting up a username and password. The information provided can be updated at any time by accessing your TPO account options page.

Based on the specific package you choose, you may grant account access to additional users in your organization. and specify the type of access each user shall have as part of the Services. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and each such account user will be responsible for the activity that occurs through their account and information shared.

We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorised use of your account or of any related security breach by writing to us atcontact@theplusones.com

3. Fees and Billing

By opening a subscription-based paid account with TPO, you agree to timely pay all charges incurred by your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. If payment cannot be charged to your credit card or the charge is returned for any reason, TPO may suspend or terminate your account.

We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers (which may be sent by email to the address you have most recently provided us).

You are responsible for managing your plan, if you wish to cancel your account at any time for any reason, you may do so by switching your plan back to free inside the app (under Plans). Failure to do this before the anniversary date will result in renewal of the plan for the current period, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

4. Technical Support

Technical support is provided to you by TPO via email during regular business hours (i.e. Monday to Friday from 9AM CET to 5PM AEST) by sending your technical inquires to contact@theplusones.com. TPO shall respond to via email to your support request within a reasonable time-period.

5. Account Content & Use Of Services

You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that your use of the Services and your account content will not:

Be defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
Infringe on the copyright or any other proprietary right of any third-party, and will only make use of information you own or have a right to use;
Be otherwise inappropriate or unlawful.

Breach of any of the TOS may result in a permanent account ban, or initiate an investigation whereby TPO may ask for more information from you (such as communication with winners). During this time any live giveaways inside the account may suffer interruption, until such information is presented.

6. Third Party Applications & Reliability

While the primary purpose of the Services is to aggregate third party websites, applications, interfaces and other materials (“Third Party Applications“), it should be made clear that TPO does not own or control any of these. As TPO serves only as collector of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while TPO monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent.

TPO also assumes no responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve TPO from any and all liability arising from your use of any Third Party Applications.

You further acknowledge that such Third Party Applications may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Applications, in whole or in part, and undertake to abide by the relevant terms of use of such Third Party Applications.

7. Right to Shut Down, Deny or Limit Access, Remove Content

TPO reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, TPO reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

8. Your Feedback

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of TPO, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, TPO may use or redistribute any such submission and its contents for any purpose and in any way it deems.

To provide such submissions or feedback, please email contact@theplusones.com

9. No Warranty

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. TPO DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Liabilities and Indemnities

You shall indemnify and save harmless TPO and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by TPO and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.

THE CUMULATIVE LIABILITY OF TPO FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES OR USE OF THE SITE.

TPO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY TPO OR ANY THIRD PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. Confidentiality and Privacy

We are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored. To learn more about how TPO protects your personal information, please refer to our Privacy Policy.

12. Miscellaneous

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. (d) These Terms shall be governed by the laws of Australia, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Melbourne, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.