Website Terms & Conditions
This website www.xclusivexperiences.com.au (Site) is operated by Xclusive Xperiences Pty Ltd (ACN 652 172 711) trading as Xclusive Xperiences (“We”, “Our” or “Us”). For the purposes of Our terms, any reference to You also includes any third party or guest nominated by You.
Effective Date: Wednesday 1st December 2021
Consent
By accessing and/or using our Site, You agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read our Terms together with our Privacy Policy carefully as they apply to all Site visitors, Members of our Membership Packages, Approved Participants, Entrants, clients, customers, and all other users of the Site (and immediately cease using our Site if You do not agree to them.
Trade Promotions (Conditions of Entry)
We conduct trade promotions by way of random lottery and games of chance (hereinafter referred to as Promotion) for individuals and entities.
The Entrant acknowledges and agrees that they have read these Conditions of Entry (together with any annexures and schedules) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry. Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless otherwise stated.
Membership
On our Site We offer Membership Packages including:
(a) Xclusive Club Memberships with Monthly Subscription payments; and
(b) Casual Club Memberships with one time payments.
In exchange for your Membership, You will receive free entries into our Promotion and access to our Members Benefits. You must have an account (see [Creating a MembershipAn Account] for more details) and comply with our Privacy Policy and these Terms and Conditions of Entry.
You may purchase any one of our Membership Packages via our Site and the description and details of each Membership Package is contained on our Site.
Foundation Members
The first 2500 Xclusive Club Members will receive double the amount of free entries into our promotions for the first 12 months. The amount of entries will be dependent on the Xclusive Club Membership subscription selected.
After 12 months of your Membership, all accrued entries will remain and further free entries will accrue in line with the selected Xclusive Club Membership.
Payment
The monthly Membership fees payable for each Membership Package is based on the price We publish on our Site from time to time and will be specified on the tax invoice at the time of purchase. We reserve the right to change the price and the products, services and prizes offered with the Membership Packages at any time. The price, products, services and prizes included in Your Membership Package will be honoured for the Membership period from the date of purchase or upgrade. All payments must be paid in full upon receipt of an invoice.
Your monthly Membership fee for the applicable Membership Package can be paid by credit card through our secure online payment gateway. You must ensure that Your payment details are accurate and kept up to date. You must inform Us immediately should Your payment details change. If payment is declined, Your access to Xclusive Xperiences and the Promotion will be suspended until payment has been updated. If payment has not been updated within 7 days of your account being suspended by Us, You will forfeit all prior accrued entries.
Online Payment Security
Your monthly Membership fee can be paid by credit card through our secure online payment gateway. Payment is made at the time of purchase of Your Membership. If you have purchased a Monthly Subscription Membership, Credit Card details will be retained by the payment gateway used by Xclusive Xperiences to process Your Membership payment each month. Membership renewal will occur automatically on the monthly anniversary of your Membership purchase unless You inform Us You do not wish to continue. You authorise Xclusive Xperiences to debit Your account on the monthly cost of Your chosen Membership Package for the minimum term.
Cancellations and Refunds
You may cancel Your Membership Package during the month of purchase however your Membership will not cease until the end of the current term and you will be liable to pay for the fees of that month. You begin to receive the full benefits of our Membership and Promotion as soon as You create an account on our Site. We do not provide refunds or credits simply because Your situation has changed or You have changed Your mind.
Upgrade or downgrade of Membership Package
Subscription Memberships cannot be upgraded or downgraded during a billing cycle. If you wish to upgrade or downgrade your Subscription Membership at the end of the current billing cycle, you may email info@xclusivexperiences.com.au. Once approved and processed, the upgrade or downgrade will commence in line with the next billing cycle.
Casual Club Membership Packages are not ongoing and cannot be upgraded or downgraded at any time.
Termination of membership Package
You must at all times comply with these Terms when using the Membership Package and accessing Your account. We reserve the right, in our sole discretion, to suspend or terminate Your Membership or access to all or any part of Your account or entry into any Promotion, including if We believe You have abused the Membership or Promotion in any way or have breached these Terms or the Conditions of Entry.
Creating a Membership account
To enter a Promotion and access some features of the Site (including the Membership Packages), You are required to register an account on our Site. This means You’ll have to give Us accurate information including Your name, address, a valid email address and telephone number and You must be at least 18 years old. You will also be required to create a username and password. You warrant that any information You provide during the account set up process is accurate and correct at the time You provide the information and that You’ll update information should there be any changes to the information provided. We reserve the right, at any time, to request a form of identification to verify Your identity. You’ll be solely responsible for the activity that occurs on Your Membership account (including orders placed on Your account) so keep Your Membership account password secure.
We reserve the right to suspend or cancel Your Membership account at any time or refuse entry into any Promotion, in our sole discretion, if You breach any provision of the Terms or Conditions of Entry or applicable law or where Your conduct impacts Xclusive Xperiences’ reputation.
Prices and Payment
Entry into our Promotions are free with each Membership purchased.
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to You. If You’ve purchased a Membership Package it will be charged at the price in force at the time You purchase Your Membership.
You acknowledge and agree to make timely and full payments to Xclusive Xperiences for the Membership Package purchased. Where You use a credit card, You warrant that You have the necessary rights and authority to use that credit card. You authorise Xclusive Xperiences to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where You fail to make payment or payment is declined for any reason, Xclusive Xperiences may revoke Your access to Your Membership account or refuse entry to any Promotion, without refund. When making payments to Us, You warrant that You have read the terms and conditions of any third party payment gateway provider or credit provider (e.g. Paypal, Stripe, Apply Pay etc) which are available on their respective websites.
Promotion Period
The Promotion will commence on the Start Date and end on the End Date as advertised on our Site from time to time (Promotional Period). Entries are deemed to be received at the time of receipt of Your Membership form by Us. Our records and Our agencies are final and conclusive as to the time of receipt.
Valid and eligible entries will be accepted during the Promotional Period.
Eligibility
The Promotion is open to Australian residents aged 18 and over living in ACT, NSW, QLD, NT, WA, VIC, SA and TAS.
Employees (and their immediate family and/or those living in the same household) of Xclusive Xperiences or agencies directly associated with the conduct of this Promotion, Our Partners and businesses involved in determination of winner/s for the Promotion, Partners and businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are ineligible to enter. Immediate family 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 first cousin.
Each Entrant may only hold one Xclusive Club Membership at any given time however an Entrant is permitted to purchase unlimited Casual Club Membership Packages.
You warrant to Us that You hold all necessary travel documents as may be required from time to time including but not limited to travel permits and a valid passport. It is Your responsibility to ensure that You hold all necessary travel documents including for any third party or guest nominated by You. All associated requirements and costs with complying with any government travel regulations will be solely Your responsibility. If You fail to hold any of the required travel documentation at the time of the Draw, You will forfeit Your prize and We may suspend Your future entries into our Promotion.
Promotion Details
The Promotion will take place at the date, time and location advertised on Our Site from time to time.
The number of valid entries drawn as advertised on Our Site from time to time will be the winners of the prizes specified on Our Site from time to time.
Subject to Laws of NSW
Your use of Our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that Our Site complies with the laws (including intellectual property laws) of any country outside Australia. If You access Our Site from outside Australia, You do so at Your own risk and are responsible for complying with the laws of the jurisdiction where You access Our Site.
Where the Promotion is void where prohibited or restricted by law, the administration, security, fairness or proper operation of the Contest, We reserve the right to suspend, modify or terminate the Promotion.
Permit
We hereby declare that the operation of the Promotions are compliant with the relevant trade promotion authority and that We hold the permits required to operate and facilitate each Promotion at any one time. All relevant permits for each Promotion will be displayed on our Site.
Ownership of Promotions
We warrant that We have the right and ownership of the Promotions and associated prizes as purchased, authorised or gifted from third party providers (herein referred to as Our Partners).
Advertising of Promotions
We reserve the right to advertise Our Promotions exclusively on Our Site. We may also advertise Our Promotions through push emails, social media or any other method as deemed appropriate by Us at any time.
Prizes
We will draw the Promotion prize within one (1) month from the Promotional Period End Date (herein known as the Draw) and the Draw will be conducted via a government certified independent third party electronic drawing system. Prior to the Draw, We will display the Promotion details and a countdown timer on our Site. At the designated time of the Draw, the Draw will occur and the winners will be published by the third party which will be linked to our Site and published on our Site. We may live stream Draws and details of our livestream will be published on our Site from time to time.
The lowest value prize will be drawn first, the remainder of the prizes will be drawn in ascending order, with the winning entries remaining eligible for the higher value prizes and major prize. At the time of the draw, we will draw five (5) additional reserve entries for each prize, for use in the event that a prize remains unclaimed or an invalid entry or entrant is drawn. We will ensure each Draw is witnessed by a Scrutineer when required and is open for public scrutiny. Anyone may witness the Draw on request. The winner of a drawn prize is determined by chance.
The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of the Promotion. We accept no responsibility for any variation in the value of the prizes after that date.
Prize Particulars
You acknowledge and agree that in addition to these Terms, there will be additional terms and conditions applicable for each Promotion (herein known as the Promotion Terms and Conditions) including the terms of any partner or business who provides such prizes. You accept that by accepting these Terms, You will also be accepting the Promotion Terms and Conditions as well as any terms of any partner or business who provides such prizes to which You will be bound if You are a successful winner of the Promotion.
The Promotion Terms and Conditions and the terms of Our partners will be accessible on Our Site in the advertisements of the specific Promotion.
We offer both Major Prizes and Cash Prizes. Details of Our Prizes will be displayed on our Site.
All prizes are subject to booking and flight availability.
Following the Draw
Following the Draw, all reasonable attempts will be made by Us to contact each winner via telephone, using the number You have provided to Our Site. Further to the phone call, the winners will also be notified in an email, to the email address that You have provided to Our Site, within seven (7) days of the Draw.
We reserve the right to cancel or invalid any winner as a result of non-compliance with these Terms or the Promotion Terms and Conditions.
Claiming the Prize
If You are successful in winning a major prize following a Draw and an alternative cash prize has been offered, You will be entitled to select whether You would like to claim the Promotion prize (herein known as the Major Prize) or the alternative Cash Prize (herein known as the Cash Prize). The terms and conditions of the Major Prize and Cash Prize are included in these Terms and the terms of the Promotion as advertised.
If You are successful in winning a Major Prize where an alternative Cash Prize has been offered, You will have one (1) week from the Draw to advise Us whether You accept the Major Prize or the Cash Prize.
If You elect to claim the Major Prize or where no cash alternative prize has been offered by Us, You will have twenty-eight (28) days from the Draw to confirm and book the Major Prize with Our Partners.
If You are successful in winning a runners up Cash Prize, You will have one (1) week from the date that You are notified to nominate a Partner for spending of Your Cash Prize. Once You have notified Us of the nominated Partner, We will attend to transferring the prize amount to be set up as a credit with the nominated Partner. Winners are solely responsible for all taxes, costs, and fees associated with prize receipt, ownership, and/or use.
Details of all other prizes, including the first place Major Prize and any Cash Prize alternatives will be advertised in the specific Promotion.
We reserve the right to refuse to allow a winner to take part in any or all aspects of a prize, if We determine in Our absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by Us in Our absolute discretion, prior to receiving a prize.
It may also be necessary for winners to sign acceptance and/or waiver documents if required by Our third party providers or Us from time to time. Such documents may require You to provide Us with your credit card details for reasonable purposes including but not limited to security deposits.
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).
Should a prize remain unclaimed for a period of two (2) months from the Draw, then You will forfeit Your prize (or Your element of that prize) and we reserve the right to offer the prize to subsequent draw winners.
Upgrades or Add On’s to a Major Prize
Any upgrades or additional costs incurred such as spending money, meals, taxes (excluding airline & airport taxes), insurance, transport to and from the departure point, transfers, items of a personal nature, in room charges and all other ancillary costs, unless otherwise specified in the prize description are not included in any of our Prizes. You are responsible for all upgrades and additional requirements. You are to negotiate such upgrades and additional requirements directly with the third party providers and all associated costs are at the winners expense.
Departure Points
The winner (including any third party nominated by You and Your guest) must depart from and return to the same departure point and travel together for the duration of the Prize.
Advertising Winners
You acknowledge and agree that in the event that You are successful in winning a Promotion, We are authorised to advertise Your name, surname, state, postcode or image and/or footage on Our Site, Facebook page, Instagram page or any other social media account that We currently hold or advertise on any other print of digital media as may be determined by Us at any time. This will occur within 7 days of the Draw taking place.
The Entrant and their companions agree to participate in and cooperate 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 we may use any such marketing and editorial material without further reference or compensation to them.
Transferability of Prizes
Subject to the Promotion Terms and Conditions, if You are successful in winning a prize, You are able to transfer and or assign the prize to a third party of Your choice. In order for You to successfully transfer and or assign any prize awarded to You, You will need to advise Us in writing of Your intention to transfer and or assign the prize within fourteen (14) days of the Draw.
The transferability and or assignment of any prize must be bona fide and cannot be transferred or assigned for value or gain by You. We reserve Our rights to reject and or disqualify any such transfer or assignment if it is contrary to these Terms and the Promotion Terms and Conditions or any of Our Partners’ terms.
Except as otherwise permitted in Our Terms here or specified in writing by Us, no part of a prize is exchangeable, redeemable for cash or any other prize.
Unless specified otherwise, a prize is a single event for the winner (and their nominated third party(s) and/or their guest(s)) and cannot be separated into separate events or components.
Variation of Prizes
We reserve Our right to vary, modify or cancel any Promotion and prize if the Promotion is not capable of running as planned due to any reason that is beyond Our reasonable control including but not limited by reason of unavailability, lawful direction by regulatory government authority, computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, pandemic, epidemic, technical failure or any cause beyond the control of the Us, We 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.
Disputes
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. You acknowledge and agree that We shall not be liable to any amount exceeding your out of pocket expenses which shall not exceed $2500.00
By purchasing a Membership with Us, You expressly agree not to be a part of or in any way involved, whether directly or indirectly, in any class action claim against Us at any time.
Donations
We put You on notice that a portion of every Membership Package or Xperience Package purchased, to be determined by Us and varied from time to time, will be donated to a charity of Our choice. You will not be provided with confirmation of the donation and that these Terms suffice in evidencing that We can and may donate a portion of every Membership Package purchased.
Disclaimers
Warranties
To the maximum extent permitted by law, We make no representations or warranties about Our Site or the Promotions, including (without limitation) that:
You read, use and act on Our Site and the Promotions at Your own risk.
Limitation of liability
To the maximum extent permitted by law, We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by You or any third party including Your guests, arising from or in connection with Your use of Our Site and/or the Promotions and/or any inaccessibility of, interruption to or outage of Our Site and/or any loss or corruption of data and/or the fact that the Promotion is incorrect, incomplete or out-of-date.
Indemnity
To the maximum extent permitted by law, You must indemnify Us, and hold Us harmless, against any Liability suffered or incurred by Us arising from or in connection with Your (including a third party nominated by You and Your guests) use of Our Site or any breach of these Terms or any applicable laws by You. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for Us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Acceptance of Third Party suppliers T&Cs and Privacy Policies
You, together with any third party nominated by You and Your guests, acknowledge and agree that in addition to these Terms, Our Partners and third party suppliers also have terms and conditions and subsequent policies which You are required to comply with upon accepting a prize. You agree to irrevocably and unconditionally, indemnify and hold Us harmless against any Liability suffered or incurred by Us arising from or in connection with Our Partners and third party providers.
Third Party Sites
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, We do not control, endorse or approve, and are not responsible for, the content on those websites. You should make Your own investigations with respect to the suitability of those websites.
Variations
We may, at any time and at Our discretion, vary these Terms by publishing the varied terms on our Site. We recommend You check Our Site regularly to ensure You are aware of Our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep Our Site up to date and We are not liable if any Content is inaccurate or out of date.
Licence to use Our Site
We grant You a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use Our Site in accordance with these Terms. All other uses are prohibited without Our prior written consent.
Prohibited conduct
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to Our Site; which We would consider inappropriate; or which might bring Us or Our Site into disrepute, including (without limitation):
If You engage in any prohibited conduct or are in breach of any of Our Terms, We reserve the right to reject or suspend or terminate your Membership Package. If at the time of such breach or conduct you hold a Subscription Membership, we will suspend your account and You will be liable to pay Us the Minimum Term. All Entrants in breach of our Terms will be immediately banned from any future entries into our Promotion.
Exclusion of competitors
You are prohibited from using Our Site, including the Content, in any way that competes with Our business.
No commercial use
Our Site is for Your personal, non-commercial use only. You must not use Our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on Your own website or any other platform, without obtaining a licence to do so from Us.
Information
The Content is not comprehensive and is for general information purposes only. It does not take into account Your specific needs, objectives or circumstances, and it is not advice. While We use reasonable attempts to ensure the accuracy and completeness of the Content, We make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights
Unless otherwise indicated, We own or licence all rights, title and interest (including intellectual property rights) in Our Site and all of the Content. Your use of Our Site and Your use of and access to any Content does not grant or transfer to You any rights, title or interest in relation to Our Site or the Content. You must not:
User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on Our Site. By making available any User Content on or through Our Site, You grant to Us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of Our Site.
You agree that You are solely responsible for all User Content that You make available on or through Our Site. You represent and warrant that:
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at Our sole discretion), remove any User Content.
Discontinuance
We may, at any time and without notice to You, discontinue Our Site, in whole or in part. We may also exclude any person from using Our Site, at any time and at Our sole discretion. We are not responsible for any Liability You may suffer arising from or in connection with any such discontinuance or exclusion.
Termination
These Terms are effective until terminated by Us, which We may do at any time and without notice to You. In the event of termination, all restrictions imposed on You by these Terms and limitations of liability set out in these Terms will survive.
Severance
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
For any questions and notices, please contact us at:
Xclusive Xperiences Pty Ltd (ACN 652 172 711) trading as Xclusive Xperiences
