These terms and conditions, as amended from time to time, govern the use of any goods or services provided by the registered company Diners circle PTY LTD’ (ACN: 658 935 043) trading as the Diners circle’.
Any use of the website, any goods or services of the Diners circle and any purchase of membership constitute and agreement to and acceptance of the terms and conditions, as amended.
Amendments to the terms and conditions may result in changes to the website and any goods or services or promotions that it offers. Amendments are effective when they are updated on the website and any members of the Diners circle or users of the website, goods or services agree to and are bound by those changes.
Privacy
The Diners circle is bound by and obtains, uses and disseminates information in accordance with the Privacy Act 1988 (Cth).
The Diners circle’s privacy policy, as amended from time to time, is published on its website.
By agreeing to these Terms and Conditions you also agree to your information being collected, used and disseminated in accordance with the privacy policy.
Goods and Services
The Diners circle is membership program that offers discounted access to gaming and technology related merchandise, goods and services to members. Membership enables access to discounts, including exclusive discounts, from industry partners and from the Diners circle products and merchandise.
The Diners circle may also limit or restrict any access to or use of any goods or services, including the website, at its sole discretion without notice.
As part of any registration for membership of the Diners circle, you may be asked to provide information including a name, address and date of birth. You agree that any information is true and complete (both at the time of registration and on an ongoing basis) and agree that any failure to provide or maintain true and complete information is a breach of these terms and conditions. You agree to immediately update your membership information in the event of any change in your circumstances.
You agree to notify Diners circle immediately of any known or suspected unauthorized access of your account or breach of security or your password. The Diners circle is not responsible for any loss or damage where you have not maintained the confidentiality of your account.
The Diners circle reserves the right to take any reasonable steps, including restricting, limiting or terminating any membership, in the result of a breach of these terms and conditions.
All memberships and rights and property associated with the memberships are personal and may not be shared or transferred.
You may cancel any membership or subscription at any time by notice in writing, with such cancellation to take effect once received by the Diners circle. You are not entitled to any refund of any subscription or membership fee if you chose to cancel your service during any period of membership.
The Diners circle reserves the right to add, remove, vary, substitute or discontinue any or all goods and services in its sole discretion at any time.
The Diners circle may from time to time conduct promotional giveaways. The conduct of Promotions will be in accordance with these terms and conditions, as well as any additional requirements stipulated for that Promotion.
By entering a Promotion you accept these terms and conditions and warrant that you meet the eligibility criteria of the Promotion.
Terms of use
You agree that in using any goods or services of the Diners circle (including the website) you will not:
violate any applicable law or regulation, including any infringement of copyright, trademarks or improperly use, obtain or disclose confidential or private information;
participate in any defamatory, harmful, or inappropriate conduct towards any person; or
participate or be knowingly involved in, directly or indirectly with, any breach or attempted breach of any security of the confidential or private information held by the Diners circle, including any account holder’s information or software data.
All communications, comments and submissions with the Diners circle in connection with any use of the site or any goods or services are the exclusive property of the Diners circle. In making any communication, comment or submission to the Diners circle you agree that the contents there in are assigned to the Diners circle to deal with in its absolute discretion.
All users are solely responsible for any violation of the terms of use and of any relevant laws or third-party rights as a result of their conduct, and you indemnify the Diners circle for any loss or damage suffered in connection with any violation.
Any and all services, content, information and products belonging to third party providers that may be available, advertised or featured on the Diners circle website or in any communications are made without any representation or warranty by the Diners circle regarding those products.
Consumer rights & obligations
The Australian Consumer Law (ACL) requires businesses to provide consumer guarantees for goods and services that apply regardless of any warranty, and cannot be excluded.
For any minor problem with goods or services provided the Diners circle may choose at its discretion whether to remedy the problem by replacing, repairing or refunding a consumer.
For any major problem a consumer can choose to obtain a full refund or replacement by returning any goods and services, or can keep the product and request compensation for the reduction in value of the product.
Promotion Eligibility
Promotions are open only to people who:
are residents of Australia; and
are 15 years of age or older; and
have completed all requirements from time to time that are specified for the Promotion.(Eligible Person).
Details of entry, prizes and drawing of each Promotion are detailed in the terms and conditions for that promotion.
How to Enter Promotions
In order for an Eligible Person to be entered into a Promotion they must:
Purchase a membership to Diners circle; or
Continue a membership to Diners circle, during the applicable Promotion Period.
When a person purchases a one-off membership package to the Diners circle, including a Bronze, Silver, Gold or Platinum membership package or any other such package offered by the Diners circle, that person receives a pre-determined allocation of entries into the Promotions on the terms set out in that package.
When a person purchases or renews (including via any automated subscription) a membership to the Diners circle, that person receives one entry to each active Promotion for that month of their membership.
For each further month that a person remains a member of Diners circle, that person will receive an additional monthly entry into any Promotion conducted during that month. For example, a person who has been a member for three months will receive three entries for any Promotion taking place in the third month.
Entries are automatically applied to any eligible Promotion. Entries are personal, non-transferrable, nor redeemable for cash or any other consideration.
Entries must be received before the end of the Promotion Period to be eligible. The time of entry is the time the registration is received by the Diners circle. No responsibility is accepted by the Diners circle for any late, incomplete or lost entries.
By entering into the Promotion you agree that your information may be published as a winner as required by law and these Terms and Conditions.
Exclusions and Liability
Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia.
Except for any liability that cannot by law be excluded, the Diners circle (including its officers, employees and agents) is not responsible for and excludes all liability for any personal injury; or any loss or damage in the provision of any goods or services, or conduct of any promotion, whether direct, indirect, special or consequential, arising in any way out of:
any technical difficulties or equipment malfunction (whether or not under the Diners circle’s control);
any theft, unauthorised access or third-party interference or intervention;
any addition, variation, substitution or removal of any goods or services provided by the Diners circle;
any limitation or restriction of access to any goods or services provided by the Diners circle;
any entry or Promotion claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Diners circle) due to any reason beyond the reasonable control of the Diners circle;
any failure, delay or defect with or related to any network, service of transmission (including by not limited to post, telephone or internet);
any variation in prize or prize value to that stated in the Promotion;
any prizes damaged or lost in transit;
any tax liability incurred by a winner or entrant;
use of any prize; or
any other circumstances outside the reasonable control of the Diners circle.
Where any event or occurrence outside of the control of the Diners circle prevents or hinders the ability to proceed with the Promotion or any part of it, the Diners circle may vary, cancel or re-schedule the Promotion or any part of it. any such action must be conducted in accordance with the applicable law and regulatory requirements for which the Promotion is conducted.
Headings
The headings in these Conditions are for convenience only and do not affect interpretation.
Diners Circle acknowledges Traditional Owners of Country throughout Australia and recognises the continuing connection to lands, waters and communities.
We pay our respect to Aboriginal and Torres Strait Islander cultures; and to Elders past and present
