Terms and Conditions

These terms and conditions set forth the terms and conditions under which blizzl.com (ABN 93 627 297 474) of level 10, 440 Collins Street, Melbourne, VIC 3000 (blizzl.com, we, or us) provides you access to giveaways, and govern your use of our website located at blizzl.com (the Site), and the blizzl.com Members platform made available through the Site (the Software) and the information, content, features and services provided through the Site (together with the Software, collectively, the Service).

YOUR USE OF THE SITE AND/OR THE SERVICE, OR THE PURCHASE OF ONE OF OUR MEMBERSHIPS, SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THEM, INCLUDING ANY MODIFICATIONS THAT BLIZZL.COM MAKES FROM TIME TO TIME.

If you do not agree to these terms and conditions, you may not use the Site or the Service.

blizzl.com may amend these terms and conditions at any time by posting the amended Terms and Conditions on the Site, and you agree that you will be bound by any changes to these terms and conditions. blizzl.com may make changes to the Site and/or the Service at any time. You understand that blizzl.com may discontinue or restrict your use of the Site and/or the Service for any reason or no reason, with or without notice.

1. Privacy Policy

By purchasing a membership and using our platform or entering one of our giveaways, you represent that you have read and consent to our Privacy Policy in addition to these terms and conditions. blizzl.com may revise the Privacy Policy at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or the Service.

2. The Services

The blizzl.com Site is an online shopping platform that offers users discounted goods across various categories. In addition, blizzl.com provides a membership program that entitles members to further discounts on all products available on the site, along with entries to exclusive prize giveaways. Members get access to a personalized dashboard where they can manage their purchases, track giveaway entries, and update details as needed.

blizzl.com reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to these terms and conditions. In addition, blizzl.com may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.

3. Support

blizzl.com supports all registered and official Australian Business Partners of the blizzl.com Network. To become a registered partner, please go to bit.ly/blizzlpartners.

4. Refunds, Returns, and Exchanges

By purchasing a membership or a one-time package for our rewards platform, you are providing support to the blizzl.com brand. It is important to note that memberships and one-time packages purchased during a promotional period or giveaway are non-refundable.

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures, you are entitled to:

• cancel your service contract with us; and
• a refund for the unused portion or compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service. Refunds or rectifications cannot be given for reasons such as change of mind, not following instructions, or failure to understand properly.

5. Account Registration

As part of the registration process, you may be asked to submit your name, address, email address, and/or similar information and to select a password. You agree that all information you provide to blizzl.com for purposes of creating an account (Registration Information) will be true, accurate, current, and complete, and your failure to provide such information shall constitute a breach of these terms and conditions and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current, and complete; and (ii) maintain the confidentiality of your password.

In creating an Account, you shall not (a) select or use the email address or username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or username that is profane, offensive, or otherwise inappropriate, or (d) allow any other party to use your Account and/or password except as set forth herein.

You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify blizzl.com by sending an email to admin@blizzl.com of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. blizzl.com is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

blizzl.com employees, directors, managers, and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings, and children) or any other person residing in the same household as a blizzl.com employee, director, or manager may not win the offered giveaways.

6. Termination of Account

You understand and agree that you have no ownership rights in your Account and blizzl.com may stop offering the Service at any time. Further, blizzl.com may cancel your Account, delete all of your Registration Information, and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason, including, without limitation, your violation of these terms and conditions. blizzl.com will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service.

To cancel your account, simply log in to your blizzl.com web portal www.blizzlmembers.com and head to your membership section. You will need to click on the button and follow the prompts to complete the cancellation process. There are no refunds on loyalty memberships. If a payment has recently been made, please cancel your membership at the end of the billed period.

7. One-Off Membership Packages and Loyalty Memberships

Customers have a choice of selecting a One-off Package or becoming a monthly Loyalty Member to access the blizzl.com Platform. All relevant information can be found for memberships here: https://blizzl.com/membership-terms-conditions/

8. Termination of Loyalty Membership

Upon cancelling your loyalty membership, which can be completed by logging into your blizzl.com web portal and heading to the Membership section, then click the cancel button and follow the prompts until completion. Once completed, you will receive an email notification confirming the cancellation of your subscription, and you will be removed from all future payments linked to that subscription plan and forfeited the bonus accumulated entries from all future promotional giveaways. There are no refunds on loyalty memberships. If a payment has recently been made, please cancel your membership at the end of the billed period.

To be removed from our mailing or text lists, please use the associated links as they are sent via third parties. Terminating your loyalty membership alone will not remove you from these lists.

If your account fails to pay, there will be 4

automatic attempts made to bill it. The system will attempt to bill your account every 5 days (20-day grace period) from the initial payment failure. On the 4th and final attempt, if there are insufficient funds, your subscription will be terminated, and your loyalty streak will be lost.

If you cancel your subscription, Stripe does not allow for its reactivation, and all accumulated history for that subscription will be lost. To continue your subscription, please follow the instructions in the notification emails provided or log in to the member’s dashboard and update your banking details.

If your account is cancelled, you can sync up the last active entry history by creating a new subscription within 30 days of the cancellation. Only the most recent active subscription will be synced up, and if there are multiple cancellations, the previous entry history will not be included in the accumulation of entries moving forward since the cancellation date is beyond 30 days from the current active subscription.

Please note that the system only allows for 4 attempts, which includes any manual attempts made by the user to charge the account.

9. Use of Site and Service

You agree that you will not, in connection with your use of the Site or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or (iii) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service.

Furthermore, you may not use the Site to develop, generate, transmit, or store information that: (a) is defamatory, harmful, abusive, obscene, or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service; (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation, or ordinance; (g) makes any false, misleading, or deceptive statement or representation regarding blizzl.com and/or the Site or Service; or (h) constitutes phishing, pharming, or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

You agree that you will not (i) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer, or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or Software.

10. Comments and Feedback

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit, or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments), will become our exclusive property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to us of all worldwide right, title, and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title, and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.

11. Monitoring and Compliance

Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses, and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit card theft reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of blizzl.com, including to enforce these terms and conditions. By entering into these terms and conditions, you hereby provide your irrevocable consent to such monitoring, access, and disclosure.

When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.

The Site and the Service are operated by blizzl.com in Australia. Those who choose to access the Site, and/or the Service from locations outside of Australia can do so on their own initiative and are responsible for compliance with applicable local laws.

12. Third-Party Products and Links

Third-party services, content, information, and products may be made available by blizzl.com on or through the Site. Third Party Products, services, and discounts are provided solely for the benefit of our paid members and blizzl.com makes no representations or warranties regarding any Third-Party Products, services, and discounts and takes no responsibility and assumes no liability for any Third-Party Products, services, or discounts. Third-Party Products, services, and discounts are subject to the applicable terms and policies of the third parties that offer them.

Links from the Site. The Site may contain links to websites operated by other parties. blizzl.com provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of blizzl.com, and blizzl.com is not responsible for the content available on the other sites. Such links do not imply blizzl.com endorsement of information or material on any other site, and blizzl.com disclaims all liability with regard to your access to and use of such linked websites.

Links to the Site. You may not place a link to the Site on another website without our prior written consent, and, without limiting the foregoing, you must adhere to blizzl.com linking policy as follows: (i) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with blizzl.com and/or its licensors’ names and trademarks, (ii) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with blizzl.com, (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (iv) blizzl.com reserves the right to revoke its consent to the link at any time

and in its sole discretion.

The interfaces, content, arrangement, and layout of the Site including, but not limited to, the blizzl.com trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information, and other content, and any compilation of the foregoing (blizzl.com Intellectual Property) are the property of blizzl.com, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Australian and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of blizzl.com.

13. Contest Participation and Limitations

The Participant represents and warrants that it shall not contact any affiliate, employee, sponsor, or partner of blizzl.com in order to manipulate the Contest results. By becoming a member or Customer of blizzl.com, the Participant agrees to enter the Contest and agrees that:

• Any and all disputes, claims, and causes of action arising out of or in connection with the Contest and the promotional gifts shall be resolved individually with no form of class action;
• Any claims judgments and awards shall be limited to actual out-of-pocket costs incurred in entering the Contest, but under no circumstances will blizzl.com be responsible for any legal fees;
• Participants hereby waive all rights to claim punitive, incidental, or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses incurred in entering the contest.

In no event will blizzl.com, their licensees, parents, affiliates, subsidiaries, and related companies, their advertising or promotional agencies, or their respective officers, directors, employees, representatives, and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages arising from access to, or use of, this website, electronic or computer malfunctions, or entrant participation in this contest, even if blizzl.com was advised of the possibility of such damages.

blizzl.com reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of this Contest as solely determined by blizzl.com.

In the event the Contest is compromised by non-authorized human intervention, tampering, or other causes beyond the reasonable control of blizzl.com, that corrupt or impair the administration, security, fairness, or proper operation of the Contest, blizzl.com reserves the right to suspend, modify, or terminate the Contest.

Any attempt by a Participant to deliberately damage the website to undermine the legitimate operation of this contest is a violation of criminal and civil laws, and should such an attempt be made, blizzl.com reserves the right to seek damages from any such Participant to the fullest extent permitted by Law.

blizzl.com assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider, or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible, or misdirected electronic communications, or any combination thereof.

The Contest is void where prohibited or restricted by law.