Thank you for visiting the mbabenefits.com.au website (Site). The Site is maintained by Member Benefits Australia Pty Ltd (ABN 12 151 525 272) (MBA) for your information and convenience.

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By using the Site you agree to be bound by the following terms and conditions (Terms) Please read them carefully.

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Information Disclaimer

MBA does not warrant the accuracy or completeness of any information supplied on the Site. The information is subject to change without notice at any time. No warranty is made that any information on or linked to this Site is complete and/or accurate. All information contained on the Site in respect of any goods or services does not constitute an offer to sell but an invitation to treat only, and is subject to the availability of the products or services, which may change from time to time.

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Copyright and Trademark Notice

This Site is owned and operated by MBA. Unless otherwise specified, all material appearing on this Site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively Content) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright ©Member Benefits Australia Pty Ltd, ALL RIGHTS RESERVED. All audio and video clips are the sole property of MBA or their respective content providers. All software used on the Site is the sole property of MBA or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without MBA’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

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Disclaimer for Use of Site

You expressly agree that you use the Site at your sole risk. In no event will MBA, its directors, officers, employees, representatives, and third-party content providers warrant that the site will be uninterrupted or error-free. In addition, MBA does not make any warranty as to the results that may be obtained from the use of the Site, or use of the information, content, service, or products provided through the Site.

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Further, MBA explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the site from third parties. MBA is not responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Except in the case of any liability that cannot be excluded by law, MBA, its directors, employees, representatives or any other party involved in creating, producing, or distributing the Site will not be liable for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to:

• the use of or inability to use the Site;

• the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the site;

• unauthorized access to or alteration of your registration information, transmissions or data;

• statements or conduct of any third party on the Site;

• negligent or wilful acts of MBA, its directors, officers, employees and representatives; or

• any other matter relating to the Site.

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You agree to indemnify and hold MBA, its related bodies, corporate, directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another.

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Security of registration information

If use or access to any part of the Site is subject to a logon system, you are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.

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Your conduct

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

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Our rights

MBA may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind:

• to satisfy any law, regulation, or government request;

• if such disclosure is necessary or appropriate to operate the Site; or

• to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third-party providers or licensors.

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We are not responsible for screening, policing, editing, or monitoring such Content.

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MBA may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, or MBA.

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Security and privacy

Users acknowledge that their access to the website may be monitored and tracked by MBA by the use of cookies and/or retailer ids. MBA does not sell, rent or give away user information (including phone numbers and e-mail addresses). This information is highly respected and is only used to assist MBA in providing you with valued services. Any information provided by users or their browsers (including cookies) will be for the use of MBA, the operator of this Site. MBA will not disclose personal information about users or their browsing habits to any other third party, unless users give MBA express permission to do so, or unless required to do so by law. MBA may disclose aggregated information about users in general and statistics related to this website to others, but in doing so, will not disclose information about any particular individual. Notwithstanding the above, users acknowledge that transmissions to and from this Site may be monitored, intercepted or modified by other parties.

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Linking and framing

Links to external sites from this Site are provided for convenience only and MBA does not endorse or make any warranty with respect to such external sites.

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Site availability

MBA does not warrant that the Site will be available at any time. Users acknowledge that the Site may be unavailable for a number of reasons, including due to matters beyond MBA’s control, and shall not hold MBA accountable in respect of any claims arising therefrom. MBA does not warrant that users’ access to the Site will meet any particular performance criteria.

 

Applicable law

As far as legally possible this Agreement, its terms and conditions and the Use of this Site shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the state of Victoria Australia.

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Termination

These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

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General information

These Terms of Use constitute the entire agreement between MBA and you and govern the use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.